NATIONAL INSURANCE CO. LTD Vs. JEET MANI

JUDGEMENT

(1.) By way of this Appeal, the Appellant/Insurance Company assailed Order, dtd. 4/12/2018, passed by learned Commissioner, Under Employees' Compensation Act, 1923, Kinnaur at Reckong Peo, District Kinnaur, H.P., in Case No.6-2 of 2013, titled as Jeet Mani & others v. Heera Mani and another, in terms whereof, the Claim Petition preferred by the Respondents/Claimants under Sec. 22(1) of the Employees' Compensation Act, was decided in the following terms:

(2.) This Appeal was admitted on 21/10/2022 on the following Substantial Questions of Law:

(3.) Brief facts necessary for the adjudication of the present Appeal are that the Respondents/Claimants (hereinafter to be referred as the 'Claimants') filed a Claim Petition, inter alia, on the ground that their predecessor-ininterest, i.e. husband of Claimant No.1 and father of Claimants Nos.2 & 3 was engaged as a Driver of vehicle (Car) bearing Registration No.HP-25A1446. The Owner of the vehicle was one Shri Ishwar Lal and the deceased was engaged as a Driver on the said vehicle on Monthly Salary of Rs.3,500.00 per month and in addition, he was also been paid an amount of Rs.150.00 per day as daily expenses for his food etc. According to the Claimants, the Driver of the car lost his life in an accident involving the said vehicle which he was driving at the relevant time on 4/1/2012. The owner of the vehicle was in the vehicle and the same was being driven for business purpose from Shong to Tapri. The accident took place near a place known as Tilagech in District Kinnaur. According to the Claimants, after the accident as the owner of the vehicle did not compensate the Claimants in terms of provisions of the Employees Compensation Act, hence the Claim Petition.