SOHANSINGH ASSASINGH Vs. S JASVANTSINGH BISANSINGH SOHAL

JUDGEMENT

(1.) First Appeal No. 110/1992 is directed by the appellant (claimant) , under section 30 of Workmen's Compensation Act, 1923, feeling aggrieved by the judgment and award passed by the Civil Judge, Senior division, Nanded (Ex-Officio Commissioner) , on 7-1-1992 in W. C. F. A. No. 9/1987.

(2.) The important facts of the case may be briefly stated as under :- the appellant (original claimants) are the parents of the deceased Palsing. He then worked as a Cleaner on the Truck bearing no. MTG-1884 and, his monthly salary was rs. 300/ -. The said truck was owned by respondent No. l and was insured with respondent No,2. The said truck met with an accident on 20-1-1987. One Gurunamsingh was driving the truck. When the truck reached near Narsi Road junction, it met with an accident. The deceased did sustain severe injuries and, succumbed to those injuries, on the spot. The appellants (original claimants) , therefore, holding the respondents, owner and insurer of the said truck, claimed the amount of compensation by sending notice. As the notice was not complied with, the appellants were compelled to file the present petition before Commissioner of Workmen's compensation, Nanded and, claimed amount of compensation, together with amount of penalty and interest.

(3.) The respondent Nos. 1 and 2, by filing their written statements, strongly opposed the claim made in the petition on number of grounds.