UNITED INDIA INSURANCE CO LTD Vs. CHANCHALA DEVI

JUDGEMENT

(1.) One Kartar Chand on April 15, 1994 while working in the stone crusher of respondent No.2 during the course of his employment sustained multiple grievous injuries and he succumbed to the injuries on April 18, 1994 at P.G.I., Chandigarh to which hospital he was shifted for treatment. Respondent No. 1 Smt. Chanchala Devi, his widow approached the Commissioner, Workmen's Compensation, Nalagarh, under Section 4 of the Workmen's Compensation Act, 1923, seeking compensation for the death of the deceased.

(2.) Respondent No. 2, the employer of the deceased, admitted that the deceased was under his employment and that during the course of employment the deceased had sustained multiple injuries and he died due to such injuries.

(3.) The appellant, Insurance Company, while resisting the claim petition denied the deceased to be under the employment of respondent No.2 at the relevant time. It was pleaded that the claim petition had been filed by respondent No. 1 in connivance with respondent No. 2 just to secure illegal compensation.