NEW INDIA ASSURANCE CO LTD Vs. GURDAS RAM

JUDGEMENT

(1.) This appeal by the Insurance Company is directed against the order dated 27.6.2005 of Commissioner, under Workmen's Compensation Act, by which a sum of Rs. 4,33,820/- has been awarded by way of compensation, another sum of Rs. 73,749/- has been awarded by way of interest and an amount equivalent to 50% of the compensation money has been ordered to be paid by way of penalty, in case compensation money and the amount of interest are not paid within a month of the passing of the impugned order.

(2.) Deceased Lalit Kumar was the son of respondent Gurdas Ram. He was employed as a driver on a truck of respondent Tika Ram. That truck met with an accident on 26.12.2003, when it was being driven by deceased Lalit Kumar. As a result of that accident, Lalit Kumar sustained fatal injuries. A petition, under Section 4 of Workmen's Compensation Act was filed by a sister of Lalit Kumar for award of compensation. Said sister of Lalit Kumar got married during the pendency of petition and after her marriage, Gurdas Ram respondent, father of Lalit Kumar, applied, under Order 1 Rule 10 CPC, for being impleaded as petitioner. That application was allowed. After recording the evidence adduced by parties, Commissioner, under Workmen's compensation Act, passed the impugned order.

(3.) Appellant, with whom the vehicle was insured, challenges the order on two grounds, namely Gurdas Ram, the father of Lalit Kumar, is not proved to have been dependent upon the deceased and, therefore, he was not entitled to any compensation and the order of penalty passed by the Commissioner is illegal.