NATIONAL INSURANCE COMPANY Vs. GURMEETO

JUDGEMENT

(1.) This appeal under the Workmens Compensation Act (hereinafter referred to as the Act) is directed against the order of the Commissioner under the Workmens Compensation Act, Nalagarh (for short the Commissioner) in case No. 4/2000, decided on 31.1.2001, whereby the claimants have been held entitled to compensation of Rs.2,09,990/ - and interest thereupon. In case of non deposit of amount the Insurance Company has been held liable to pay penalty at 10% of the total compensation.

(2.) The appeal was admitted on 29.10.2001 on the following substantial questions of law: -

(1.) Whether in the absence of any proximate nexus between the death and employment in which the deceased was engaged, claim petition filed by claimants is maintainable and the claimants are entitled to claim compensation under the provisions of Workmens Compensation Act and liability for payment of such compensation can be fixed upon the insurance company?