DIST PANCHAYAT DELETED Vs. SHANTIBEN BHIMABHAI

JUDGEMENT

(1.) This is an appeal against the judgment and order of the Workmen's Compensation Commissioner, Porbandar dated 15-2-1992 awarding compensation, penalty and interest against the respondents.

(2.) The brief facts are that Bhimabhai was serving as driver with Taluka Panchayat - appellant No.1. The respondent No.4 is the insurance company. Jeep car bearing No. GUJ 9767 was insured with the respondent No.4. The accident occurred on 2-8-1988. The deceased was driving the aforesaid vehicle owned by the opposite party No.2 before Compensation Commissioner. The accident occurred at 1.30 P.M.. The driver had sustained injuries and he died. The heirs of the deceased claimed compensation, penalty and interest etc.

(3.) The application for claim was contested on the ground that the compensation could be claimed from the driver and the owner of the truck and there was no liability of the opposite party No.1 to pay compensation.