LAWS(UTN)-2009-7-6

UNITED INDIA INSURANCE CO LTD Vs. PRAKASHI DEVI

Decided On July 28, 2009
UNITED INDIA INSURANCE CO. LTD. Appellant
V/S
PRAKASHI DEVI Respondents

JUDGEMENT

(1.) THIS appeal, under section 30 of Workmen's Compensation Act, 1923, has been preferred by United India Insurance Co. Ltd., i.e., insurer of offending vehicle No. UP 07-A 9487, against the judgment and order dated 18.4.2007 passed by the Workmen's Compensation Commissioner, District Magistrate, Tehri Garhwal, in W.C. Case No. 16 of 2006, Prakashi Devi v. Ramesh Sethi.

(2.) THE claimant Prakashi Devi filed a claim petition before the Workmen's Compensation Commissioner for grant of compensation in lieu of death of her son in a motor vehicle accident alleging therein that her son Vinod Kumar was employed as a driver in the offending vehicle truck No. UP 07-A 9487 owned by the opposite party No. 1 and he died in an accident arising out of and in the course of his employment on 27.2.2003. It has also been alleged that deceased was 28 years of age at the time of his death and was getting a salary of Rs. 3,000 per month.

(3.) ON the basis of pleadings of the parties, the learned Workmen's Compensation Commissioner framed necessary issues. Parties led evidence in support of their case.