BALBIR KAUR Vs. PREM BHUSHAN

JUDGEMENT

(1.) This appeal is directed against the order of learned Senior Sub Judge (Commissioner under the Workmen's Compensation Act,), Bathinda, dated 06.8.1988, by which an application filed by the appellant for compensation under the Workmen's Compensation Act, 1923 (for short, 'the Act') has been dismissed.

(2.) Brief facts of the case are that Gurcharan Singh (since deceased) was employed as a conductor with Prem Bhushan (respondent No. 1) on Truck No. PUT-2565 since 1.9.1985. Gurcharan Singh died on 05.11.1985 in the course of his employment. He was unmarried aged 25 years at the time of his accidental death. He was earning Rs. 550/-per month including diet etc. The application was filed by his parents claiming compensation of Rs. 1,00,000/- on account of personal loss.

(3.) On notice, respondent No. 1, appeared and admitted the claim in reply. He rather averred that claim for compensation has already been lodged by him with respondent No. 2 (Insurance Company) as the truck in question was insured vide cover Note bearing No. 477799 dated 24.7.1985 for the relevant period. In its reply, respondent No. 2 showed ignorance regarding the cause of death of Gurcharan Singh and its liability.