BISHAN DASS Vs. UNITED INDIA INSURANCE COMPANY LTD

JUDGEMENT

(1.) The petitioners are seeking relief of the judgment dated 27.4.2010 rendered by this Court in FAO (WCA) No. 289 of 2005, United India Insurance Company Ltd. v. Bishan Doss and others. By way of the said judgment dated 27.4.2010, the appeal preferred by respondent No. 1 herein against the order dated 17.5.2005 of the Workmen's Compensation Commissioner (SDO) (Civil), Hamirpur (H.P.) granting compensation of Rs. 3,56,980/- in favour of the petitioners herein, was allowed. In order to set the record straight, it shall be apt to extract the text of the aforesaid judgment dated 27.4.2010 hereinbelow:

(2.) The learned Counsel for the review petitioners submits that the application for compensation filed by the petitioners before the Workmen's Compensation Commissioner suffers from a formal defect and has in fact failed owing to such defect pursuant to the aforesaid judgment dated 27.4.2010 in FAO (WCA) No. 289 of 2005. The learned Counsel further submits that there are sufficient grounds for allowing the petitioners to withdraw the application for compensation and to allow them to institute a fresh petition under Section 163-A of the Motor Vehicles Act, 1988 (in short 'the 1988 Act').

(3.) Per contra the learned Counsel for the respondent-Insurance Company contends that on the one hand the application for compensation cannot be said to suffer from a formal defect and on the other the predecessor-in-interest of the petitioners owing to whose death compensation was claimed, was not proved to be a workman and accordingly the appeal was allowed by this Court.