UNITED INDIA INSURANCE COMPANY LTD. Vs. ASHA DEVI

JUDGEMENT

(1.) By way of instant appeal, the appellant ( for short, " Award dtd. 19/10/2009 passed by learned Commissioner under Workmen's Compensation Act, Sarkaghat, District Mandi, H.P. (for short, "Commissioner") in case File No. 3/2007.

(2.) Petitioner/claimant (for short, "wife") preferred claim petition under Workmen Compensation Act (for short, "Act") before the learned Commissioner for grant of compensation on account of death of her husband late Sh. Pawan Kumar, who was employed as driver by Respondent No.3 herein (for short, "owner") to drive truck bearing registration No.HR 38D-3310. As per wife, on 27/12/2006 her husband while driving above mentioned truck, in the course of his employment with owner, met with an accident and died as a result thereof. Age of the deceased, at the time of his death, was stated to be 29 years. As claimed, he was being paid salary of Rs.10,000.00 per month. The truck in question was stated to be insured with the insurer at the time of accident. Wife also impleaded mother of deceased as proforma respondent (for short, "mother") being one of the Class-I heir of the deceased.

(3.) The owner, despite service, chose not to contest the claim petition before the learned Commissioner and was proceeded ex-parte. Appellant-Insurer contested the petition on the grounds that the vehicle in question was not insured at the time of accident. The deceased was not holding legal and valid driving licence and the death of Pawan Kumar was not during the course of his employment. In addition, breach of terms of policy in generality was also pleaded.