NATIONAL INSURANCE COMPANY LTD. Vs. NIRMALJEET KAUR

JUDGEMENT

(1.) This appeal from order has been filed by National Insurance Company Ltd. against the judgment and order dtd. 17/10/2008 passed by Workmen Compensation Commissioner, Haldwani, District Nainital in W.C.A. No. 02 of 2005, Smt. Nirmaljeet Kaur Vs Surjit Singh & another, whereby a sum of Rs.2,47,450.00 was awarded as compensation to the claimant.

(2.) After hearing learned counsel for the parties, the following Substantial Questions of Law were formulated:-

(3.) Sri Jasveer Singh, husband of respondent No. 1 Smt. Nirmaljeet Kaur, was employed by Surjit Singh (since deceased) (husband of respondent No. 2/1 Smt. Indrajeet Kaur) for driving a truck. On 19/10/2004, Sri Jasveer Singh died while driving the truck bearing Registration No. HR38K/5855. His wife Smt. Nirmaljeet Kaur filed an application under Workmen's Compensation Act, 1923 asserting that at the time of his death, her husband was 48 years old and was employed by Sri Surjit Singh as driver on monthly salary of Rs.4,500.00 and apart from salary, employer paid him Rs.50.00 per day as diet money. She further contended that since the death of her husband occurred during the course of employment, therefore, she is entitled to Rs.3,68,340.00 as compensation from the employer along with interest and penalty.