NATIONAL INSURANCE CO LTD Vs. GEETA DEVI

JUDGEMENT

(1.) These appeals have arisen out of the common order dated 2.8.1997, passed by the Commissioner under the Workmen's Compensation Act, 1923, Shimla, [S.D.M. (Urban), Shimla]. As such, these are proposed to be disposed of by this common judgment.

(2.) Late Gopal Thakur was the husband of Geeta Devi and father of Neelam and Santosh Kumar (minors). He was engaged as driver by Desh Bandhu Sood, owner of truck bearing registration No. HPS 6427. It stood insured with National Insurance Co. Ltd. F.A.O. No. 403 of 1997 has been filed by National Insurance Co. Ltd. against order dated 2.8.1997, in Case No. 3 of 1996; whereas F.A.O. No. 38 of 1998 has been filed by Desh Bandhu Sood against the said order.

(3.) Deceased being in the employment of Desh Bandhu Sood is not disputed. Similarly, the vehicle being insured with National Insurance Co. Ltd. is also not in dispute. Accident having occurred during the course of the employment of the deceased as driver of the truck in question, owned by Desh Bandhu Sood, stands duly established on the basis of the evidence on record. Even this was not disputed at the time of hearing of these appeals.