ORIENTAL INSURANCE COMPANY LTD Vs. JHANJU DEVI

JUDGEMENT

(1.) The Insurance Company has appealed against the judgment and award made by the Commissioner under the Workmen's Compensation Act, 1923, Chamba, District Chamba, H.P.

(2.) The petition was instituted by the widow, minor son and daughter and the father of the deceased Ashok Kumar. The facts pleaded were that Ashok Kumar was employed as a workman by the respondent Shri S.P. Dhal. While the deceased was performing his duties on 22.12.2004, he reviewed fatal head injuries.

(3.) In reply the employer admits that the deceased was employed by him as labourer and he died on 22.12.2004 during the course of employment while he was working. He states that the salary of the deceased was Rs.1950/- per month. The petition was resisted by the Insurance Company which states that it is not maintainable; the claimants have no cause of action and locus standi to file the petition. The salary is stated to be not more than Rs.1800/- per month. The Insurance Company pleads that a false claim has been lodged against them.