SABBIRBHAI ALLAHRAKHABHAI KHALIFA Vs. RAJUBHAI JAYANTILAL BHIMJIYANI

JUDGEMENT

(1.) The judgment and order dtd. 23/7/2013 passed by the Commissioner for Workman Compensation, Amreli in W.C. (Fatal) No.3/2011 is challenged by the appellants in this appeal under Sec. 13 of the Workman Compensation Act, 1923 ('W.C. Act' for short).

(2.) Facts are not many and lie in a narrow compass.

(3.) Shabir, who was the son of the appellants was working as a driver on Maruti Van bearing registration No.GJ-1-HA-1488 of the ownership of respondent No.1. The deceased was going to Chitalia from Morbi on 24/11/2004 at around 8.30 p.m. the Maruti van met with an accident with truck being registration No. GJ-2-U-8357. The deceased - Shabir suffered serious injury to which he succumbed. An FIR in respect of this accident came to be registered with Babra Police Station being C.R. No.87/2004. The applicants being parents of the deceased filed W.C. (Fatal) Application No.3/2011 before the Commissioner for Workman Compensation, Amreli for compensation under Sec. 4A of W.C. Act against the respondents being employer owner of the vehicle and the insurer of the vehicle respectively.