UNITED INDIA INSURANCE CO LTD Vs. DEVAKI DEVI

JUDGEMENT

(1.) This appeal under section 30 of Workmen's Compensation Act, 1923, has been preferred against the judgment and award dated 31/7/2006 passed by Commissioner, Workmen's Compensation/Deputy Labour Commissioner, Haldwani, Nainital in W.C.C. No. 19 of 2003.

(2.) Brief facts of the case giving rise to this appeal are that deceased Dhan Singh was employed as driver on truck No. U.P. 02-6514. On 24/3/1999 after performing his duties, he parked the truck at the residence of the owner. When he got down from the truck, he started vomiting and fainted. The owner of the truck brought him to his house and on the same day at about 9 p.m. he died. The deceased at the time of his death was 45 years of age and was getting Rs. 2,500 as salary. Therefore, the claimant, widow of the deceased filed claim petition before the Commissioner, Workmen's Compensation for compensation.

(3.) The owner of the truck, OP 1, filed his written statement and admitted this fact that the deceased was employed as driver in his truck, but denied his death during the course of employment. He also alleged that truck was insured with United India Insurance Co. Ltd. He admitted that he used to pay salary of Rs. 2,500 per month to the deceased.