NATIONAL INSURANCE COMPANY LTD Vs. SWARI DEVI

JUDGEMENT

(1.) This Appeal from Order has been filed challenging the order dated 10.09.2014 passed by Workmen Compensation Commissioner/Chief Judicial Magistrate, Chamoli in Workmen Compensation Case No. 06 of 2014 "Smt. Swari Devi and others Vs. Shri Anil Kumar Agarwal and others"?.

(2.) This Appeal is heard on the following substantial questions of law:

(3.) Mr. Nandan Singh was employed as Driver with Mr. Anil Kumar Agarwal (respondent no. 4 herein). On 22.10.2010, while Driving Max Pick-up, bearing No.UK12 CB 0139 belonging to respondent no. 4, from Kotdwar to Haldwani, the Max Pick-up collided with Tractor No. UP57 E 3279. As a result of the collision, Mr. Nandan Singh sustained grievous injuries and he succumbed to his injuries the same day i.e. 22.10.2010. He was survived by his widow Smt. Swari Devi and two minor children, namely, Yogendra and Km. Mamta. The widow and two minor children of late Nandan Singh filed an application under Employees' Compensation Act before the Commissioner asserting that late Nandan Singh was getting Rs. 6,000/- per month as wages with Rs. 50/- per day as diet money from his employer and was earning a sum of Rs. 2,000/- per month from agriculture. It was stated by the claimants that the age of the deceased workman was 28 years at the time of death and further that he was an employee of respondent no. 4 and he died during the course of employment. The owner of Max Pick-up, Insurer of Max Pick-up and Driver of the Tractor were made party to the said application. The owner filed his Written Statement, in which he admitted the accident and also the fact that deceased was his employee. He further stated that since the vehicle was insured with National Insurance Company Ltd., therefore, liability, if any, is that of the Insurance Company. The Insurance Company denied the averments made in the Claim Petition for want of knowledge and further contended that there is collusion between the claimants and the owner of the vehicle.