LAWS(HPH)-2005-4-17

GENERAL MANAGER (TELECOM) Vs. VIDYA DEVI

Decided On April 27, 2005
GENERAL MANAGER (TELECOM) Appellant
V/S
VIDYA DEVI Respondents

JUDGEMENT

(1.) This is an appeal under Section 30 of the Workmens Compensation Act filed against the award of the Commissioner, Workmens Compensation, Shimla whereby he has awarded a compensation of Rs. 2,90,950/alongwith penalty of Rs. 1,09,975/ - and interest at the rate of 12% per annum.

(2.) The facts which are not in dispute are that, deceased Rajinder Kumar was employed as a driver with the present appellant. It is also not denied that he died while on duty as the vehicle which he was driving met with an accident. It is in the context of these admitted facts that the contention raised by the appellant has to be considered.

(3.) At the time when the appeal was admitted, no substantial question of law was formulated. At the time of hearing of the appeal I have asked the learned counsel for the appellant to point out what are the substantial questions of law which arise in the appeal. After considering his submissions, I find that the only substantial questions of law which arise in this appeal are as follows: -