NATIONAL INSURANCE COMPANY LIMITED Vs. SHEELA WANTI

JUDGEMENT

(1.) Both these proceedings arise out of the same judgment dated 27.9.2001 passed by the Commissioner, under the Workmen's Compensation Act, Hisar and, therefore, are being disposed of by common order.

(2.) Kala alias Hans Raj (henceforth to be referred as Kala) was the son of Smt. Sheela Wanti and Narain Dass, respondent Nos. 1 and 2. Said Kala was working as a driver with Surender Kumar (respondent No. 3) in Tata 608, bearing registration No. HR-31-5367. The said vehicle was insured with National Insurance Company Limited (appellant). Said Kala died during the employment with respondent No. 3 on which respondent Nos. 1 and 2 filed claim petition against the owner (respondent No. 3) and the insurer (appellant). It was stated in the claim petition that Kala was getting Rs. 5,000/- per month as salary and both the claimants were dependent on him.

(3.) The petition was contested by the appellant and the owner of the offending vehicle.