UNITED INDIA INSURANCE CO LTD Vs. SUMITRA DEVI

JUDGEMENT

(1.) It is proposed to dispose of both these appeals by a common judgment since they arise out of the same order passed by the Commissioner under Workmen's Compensation Act at Theog, District Shimla in Case No. 2 of 1993 on 24.9.1996.

(2.) Respondent No. 1, is the widow and respondent Nos. 2 and 3 are minor daughters of deceased Himmat Singh. He was employed with the respondent No. 4 as a driver on truck No. HIR 308. This truck while on way to Solan met with an accident at Khachi curve near Theog. Himmat Singh died as a result of the accident during the course of his employment with respondent No. 4. This accident took place on 23.4.1993. Up to this extent case is clearly made out from the evidence on record and learned counsel for the parties were not at variance.

(3.) Application for grant of compensation was filed before the Commissioner at Theog. Respondent No. 4 being the owner/ employer, admitted the factum of accident and pleaded that since the truck in question was insured with the appellant, insurance company for all intents and purposes, as such whatever amount was payable, was to be paid by the insurance company. Otherwise, claim of respondent Nos. 1 to 3 was admitted subject to strict proof of wages and age of the deceased.