GEETA DEVI Vs. SANT KALI SAINI

JUDGEMENT

(1.) The instant appeal is maintained by the appellants, who were petitioners/applicants before the learned Commissioner below (hereinafter referred to as "the appellants"), against the award passed by the learned Commissioner under the Workmen's compensation Act-cum-Sub-Divisional Officer (Civil), Kullu, H.P., in Case No. 8/2007, decided on 22/3/2010.

(2.) Briefly stating the facts giving right to the present appeal are that late Sh. Devi Nagar Koti was a workman, employed by respondent No. 1 herein, as Driver in her vehicle, having registration No. HP-01A-3401, which, on 25/6/2007 met with an accident, during the course of employment of the aforesaid workman, and Sh. Devi Nagar Koti died on the spot. Appellant No. 1, being the wife of the deceased, and appellants No. 2 and 3, being the son and daughter, respectively, of the deceased, maintained an application under Sec. 22 of the Workmen's Compensation Act 1923 read with Rule 20 of the Workman Compensation Rules 1924, for the award of the compensation. On various grounds the appellants claimed compensation to the tune of Rs.10,00,000.00 (rupees ten lac) alognwith interest and penalty, as envisaged under the law. The appellants alleged that, as the vehicle was duly insured, so insurer (respondent No. 2 herein) is liable to indemnify the compensation amount.

(3.) The learned Commissioner below has framed the following issues: