KAMLESH AND ORS. Vs. GIAN CHAND AND ORS.

JUDGEMENT

(1.) The two issues in the present appeal, arising out of the order of the learned Commissioner under the Employees' Compensation Act, 1923, dated 28.03.2002, are:-

(2.) The facts giving rise to the litigation are that the deceased, Ram Avtar son of Shri Khem Chand, i.e. husband of appellant no.1 and father of appellants no.2 and 3, was working with respondent no.1 as a driver. On 18.04.2000, while he was driving Jeep bearing Registration No.HR 26-C-6488, owned by respondent no.1, he met with an accident with a tractor in the area of village Wazirpur, District Gurgaon and unfortunately died due to the injuries sustained by him in the said accident.

(3.) The appellants (appellants no.2 and 3 through their mother, appellant no.1) are stated to have served a notice upon respondent no.1 on 30.05.2000 but no compensation was paid by respondent no.1, leading to filing of an application before the Commissioner under the Act, on 06.10.2000.