MOHANI DEVI Vs. PREMKUMAR

JUDGEMENT

(1.) THIS judgment will dispose of F. A. O. Nos. 1150 and 1149 of 1989 since common questions of law and fact arise for determination. These appeals are directed against the award of the Commissioner under the Workmen's Compensation Act, 1923 (for short, 'the Act') disallowing the claim applications of the legal representatives of Man! Ram, deceased, alleged to be the driver of the four wheeler bearing registration No. HYN-3304 and of Bhalla Ram claiming to be the cleaner of the said vehicle for the injuries sustained by him in the accident on June 19, 1986.

(2.) THE facts :--Mani Ram and Bhalla Ram were the driver and cleaner respectively of the four wheeler bearing Registration No. HYN-3304, which was owned by Prem Kumar, respondent No. 1 and insured with the United India Insurance Company Limited, Sirsa Branch (respondent No. 2 ). Mani Ram was employed at monthly salary of Rs. 750/- and Bhalla Ram at Rs. 500/ -. On June 19, 1986, the deceased and Bhalla Ram were going on the aforesaid four wheeler from Goriwala to Panniwala Mota in the course of employment under respondent No. 1. The four wheeler met with an accident near village Panniwala Mota on account of sudden failure of steering of the vehicle. Mani Ram died on the spot and Bhalla Ram sustained injuries. Applications for compensation filed by the heirs of deceased Mani Ram and Bhalla Ram injured were registered as no. 20 of 1986 and 21 of 1986 respectively.

(3.) RESPONDENT No. 1 in his written statement admitted that the vehicle bearing Registration No. HYN-3304 was owned by him and that the deceased and Bhalla Ram were in his employment. He also admitted that Mani Ram deceased died in the course of employment and Bhalla Ram received the injuries likewise. He also admitted that the applicants in Claim Application No. 20 of 1986 were the heirs of Mani Ram deceased. Applicant No. 1 is the widow and applicants Nos. 2 and 3 are mother and father respectively of the deceased.