SUNDARI DEVI Vs. RAJENDER SINGH

JUDGEMENT

(1.) Heard Sri Rakesh Thapliyal counsel for the appellants, Sri Rajendra Dobhal counsel for respondent No. 1 and T.A. Khan counsel for responded No. 2.

(2.) Present appeal has been filed against the judgment and award dated February 25, 2000 passed by the Commissioner, Workmen's Compensation, Tehri Garhwal awarding a sum of Rs. 1,44,105.00 as compensation to the claimant/ appellants. Briefly stated the claimant/appellants have filed a claim petition before the Commissioner, Workmen's Compensation Commissioner, Tehri Garhwal for the grant of compensation on account of the death of Kishan Singh in a motor vehicle accident during his employment in the bus owned by respondent No. 1 Sri Rajendra Singh. According to the claimants deceased Kishan Singh was driver of Bus No. USQ 862, which met with accident on January 31, 1998 at Maindkhal, District Tehri Garhwal. Respondent No. 2 Rajendra Singh was the owner of the bus and deceased was his employee. The deceased was getting Rs. 3,000/- per month as salary.

(3.) The claim petition was contested by the opposite parties respondents. Respondent No. 1 Rajendra Singh has filed written statement and admitted the factum of accident and death of Kishan Singh driver along with nine other passengers in the accident. He has stated that he visited the place of accident and information of the accident was sent to the New India Assurance Company who was the insurer of the bus that met with accident. He has stated that he was giving Rs. 1,500/- as salary to deceased Kishan Singh besides dearness allowance.