SHEELA RANI Vs. MEHAR CHAND

JUDGEMENT

(1.) THIS order will dispose of FAO No. 1287 of 1991 filed by Smt. Sheela Rani and others and Cross Objection No. 15-CII of 1992 in the aforesaid first appeal filed by the New India Insurance Company Ltd. Karnal as both have arisen out of the order passed by Commissioner under the Workmen's Compensation Act, Panipat dated August 23, 1991.

(2.) THE appellants hereinafter referred to as the claimants had filed an application under Workmen's Compensation Act on March 3, 1988 against Shri Mehar Chand and New India Insurance Company Ltd. respondent Nos. 1 and 2, claiming compensation on account of the death of Sham Sunder who was employed as truck driver by Mehar Chand respondent No. 1. Sham Sunder died in truck accident on March 3, 1988. The plaintiffs had alleged that Sham Sunder had died in road accident during the course of duty. The deceased was drawing Rs. 1,500/-per month.

(3.) MEHAR Chand respondent No. 1, the owner of the truck, had admitted that the deceased died in accident of truck belonging to him on March 3, 1981 and was drawing Rs. 1500/- as salary, However, Mehar Chand had produced Insurance Policy Exhibit R-1 to prove that the truck was insured with respondent No. 2, the New India Insurance Company. Shri Mehar Chand also produced Insurance Certificate Exhibit R-2 in his favour. The Commissioner under the Workmen's Compensation Act returned a finding that since the truck was insured with respondent No. 2 it would the responsibility of respondent No. 2 to discharge liability because the deceased had died in truck accident which was duly insured.