TATA AIG GENERAL INSURANCE COMPANY Vs. SHIBI DEVI

JUDGEMENT

(1.) Since all the appeals arise out of a common award, they are heard together and are being disposed of by this common judgment.

(2.) The present appeals have been filed by the appellant(s) against the impugned award dtd. 22/6/2023, passed by learned Commissioner, Employee's Compensation Act, Theog, District Shimla, H.P., in Petition No. 7-2 of 2015.

(3.) Succinctly, the facts giving rise to the present appeal are that Sh. Raju was employed as driver with respondent No. 1 in a truck bearing Registration No. HP 62- 1556. On 3/10/2013, when he was coming from Chandigarh to Theog in the aforesaid truck, which was loaded with bricks, suddenly the truck rolled down near Housing Board Colony, Theog. In the said accident, Raju sustained injuries on his person and as such, he was taken to Civil Hospital, Theog, wherefrom, he was referred to PGI, Chandigarh. However, on the way to Chandigarh ,he died at Solan. Post mortem of the deceased was conducted by the Medical Officers at Solan, vide post mortem No. 55/13, dated 04. 10.2013 and FIR No. 135, dtd. 3/10/2013 was lodged at Police Station, Theog. At the time of accident, deceased was about 43 years of age and was the only earning member of the family. Consequently, his mother, who was totally dependent upon him had filed the instant claim petition.