(1.) Both these appeals have arisen out of order dated 7.7.2003, passed by the Commissioner for Workmen's Compensation (SDM), Paonta Sahib in Case No. 14 of 1999 titled as Jai Singh v. Satnam Singh. As such, they are being disposed of by this common judgment.
(2.) Respondent Nos. 1 to 5-claimants filed proceedings under section 4 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act'), against Satnam Singh, owner of the truck No. HR 11-2209, Sohan Lal its driver and one Tapender Singh. F.A.O. No. 445 of 2003 is by Tapender Singh, whereas F.A.O. No. 6 of 2004 is by owner and driver of the truck. Tapender Singh is being referred to hereinafter as 'the appellant' whereas the driver and owner are being jointly referred to as 'the appellants', hereinafter.
(3.) The case of the respondent Nos. 1 to 5 was that the deceased was engaged as a labourer by Tapender Singh who was constructing his house on a daily wage of Rs. 60. Deceased while working as a labourer engaged by the said Tapender Singh was unloading the marble sheets from the truck at the time of accident at his instance. In this process during the course of his (deceased) employment with the appellant former came under it and died at the spot on 6.4.1999. These marble sheets were brought by the appellant for his house construction. Of this accident, F.I.R. No. 144 of 1999 was registered at Police Station, Paonta Sahib. Deceased was aged 43 years. Autopsy on his body was conducted at Civil Hospital, Paonta Sahib by PW 4 Dr. Rakesh Kumar Dhiman on 7.4.1999. Since the incident had taken place causing fatal injury to the deceased during the course of his employment under the appellant, as such he was liable to pay compensation.