NATIONAL INSURANCE CO LTD Vs. SUDARSAN BHUYAN

JUDGEMENT

(1.) This is an appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') filed by the insurer.

(2.) RESPONDENT No. 1 is the younger brother of deceased and respondent No. 2 is the owner of a truck bearing registration No. ORU 4771 in respect of which appellant has covered risk under terms of policy. Deceased Trilochan was a helper in the truck employed by the owner on 21.1.1989. While deceased was moving in the truck in course of and arising out of his employment as helper, the truck faced with an accident resulting in fatal injuries on the deceased to which he succumbed on 22.1.1989.

(3.) ON receipt of notice owner appeared and filed his written statement. He admitted the accident, fatal injury on deceased in course of and arising out of employment. He asserted that deceased was getting monthly wages of Rs. 800/ - and insurer is to pay the same. Recording in the order -sheet that insurer has not taken any steps, PWs 1 and 2 were examined. PW 1 is brother of the claimant and PW 2 is the claimant himself. Owner cross -examined the witnesses but on material question there was no effective cross -examination. When the proceeding was posted for taking evidence, insurer filed its written statement denying its liability and challenging the dependency of claimant. On its prayer PWs 1 and 2 were recalled for further evidence. In cross -examination insurer challenged age of the claimant and the wages paid to deceased at the time of his death.