ORIENTAL INSURANCE CO Vs. SANTOSH DEVI

JUDGEMENT

(1.) These appeals are being disposed of by a common judgment, because both of them arise out of the same case before the Commissioner, under Workmen's Compensation Act, 1923 (hereinafter referred to as the Act) and the order assailed therein is also the same, that is order, dated April 25, 2005 of the said Commissioner.

(2.) Petition under Section 22 of the Act was filed by Santosh Devi, Appellant in F.A.O. (WCA) 409/2005 (hereinafter referred to as the claimant), for award of compensation, for the death of her son, who according to her, was employed as driver of Tractor No. HP-20-A/2872, owned by her husband, Respondent Avtar Singh. It was stated that claimant's son, Vipan Kumar, died in the course of his employment as a driver of the aforesaid tractor. Avtar Singh, who was impleaded as Respondent, admitted that he had employed the deceased, his son, as driver on his tractor and that he died in the course of employment.

(3.) Insurance Company, with which the tractor was insured, was also impleaded as Respondent. It contested the petition and pleaded that the deceased was not employed as driver and that he had taken the tractor for repairs on the relevant date, as representative of the owner, being his son. It was stated that deceased did not possess a valid and effective driving licence.