PAWAN KUMAR Vs. COMMISSIONER WORKMEN COMPENSATION

JUDGEMENT

(1.) PETITIONER Pawan Kumar has filed this revision under Article 227 of the Constitution of India for quashing the order passed by the Commissioner, under the Workmen's Compensation Act, 1923 (in short the 'act') on 10. 1. 1995.

(2.) BRIEF facts of the case are that petitioner is owner of Maruti Van bearing registration No. PAB-7530. This van was borrowed by the petitioner's friend Shri Balwant Singh. Shri Balwant Singh hired the services of driver Kidar Nath. Shri Balwant Singh along with his family members was travelling in the said van, which met with an accident near Vithipur Phathak (railway crossing) on their way from Jalandhar to Delhi when the bus bearing registration No. PAC 4638 owned by the Punjab Roadways, Taran Taran Depot rammed into the van. The bus was being driven rashly and negligently by the driver Jaswant Singh. In this accident four persons including the driver Kidar Nath died on the spot.

(3.) THE Commissioner under the Workmen's Compensation Act, allowed the claim petition on 10. 1. 1995 and awarded Rs. 77,505/- as compensation and Rs. 23251/- as interest, total amounting to Rs. 1,00,750/- to the claimants, Smt. Pushpa Sahi, mother, Miss Sunita, minor sister, and Balraj Kumar Sahi, brother.