SUDHIR KUMAR Vs. SMT. ANITA AND ORS.

JUDGEMENT

(1.) THIS is an appeal filed by the appellant under Section 30 of the Workmen's Compensation Act against the order dated 16.11.2009 passed by the learned Commissioner under the Workmen's Compensation Act.

(2.) BRIEFLY stated, the facts of the case are that respondents No. 1 to 3, here -in -after referred to as the claimants filed a petition under Section 3 of Workmen's Compensation Act for payment of compensation in regard to the death of one Janak Raj. It was alleged by the claimants that claimant No. 1 Anita is the widow of deceased, while claimants No. 2 and 3 are the minor son and daughter of late Janak Raj, who died in an accident. The deceased Janak Raj had been employed by respondent No. 1 Sudhir Kumar, present appellant, here -in -after referred to as respondent No. 1, to drive his truck/Tanker on a monthly wages of Rs. 4000/ -. The deceased was on his way back to Ambala and died in an accident of Truck No. HP -19 -3266, which fell into a deep gorge near village Gaalu on 27.12.2005. No amount of compensation was paid as required under the provisions of the Act. The age of the deceased was alleged as 39 years and accordingly, the claim petition was filed.

(3.) ON the pleadings of the parties, the following issues were settled by the Commissioner under Workmen's Compensation Act: