NEW INDIA ASSURANCE CO Vs. JASBIR KAUR SMT

JUDGEMENT

(1.) THIS is an appeal arising out of the order dated November 11, 1990 passed by learned Commissioner under the Workmen Compensation [sub-Divisional Officer (c)] Kandaghat, District Solan in Case No. 7/90 titled, Smt. Jasbir Kaur and Ors. v. Shri S. K. Goyal and Anr. whereby an award of a sum of Rs. 80,664 and penalty of Rs. 40,332 and interest at the rate of 6% on the compensation amount w. e. f. March 11, 1990 has been passed in favour of Respondents Nos. 1 to 6 and against the appellant as well as Respondent No. 7.

(2.) BRIEF facts of the case are that Sh. Gurnam Singh was employed as driver by Respondent No. 7 and according to the claimants/respondents 1 to 6 in the course of his employment he received injury in accident resulting in his death on March 11, 1990. Case of the respondents further was that the injury was sustained by the deceased while he was driving truck bearing Registration No. HIS1155 belonging to Respondent, No. 7, which met with an accident near Kandaghat on the night intervening March 10/11, 1990 and the deceased driver Sh. Gurnam Singh died on the spot as a result of head injury that was sustained by him. The wages of the deceased were Rs. 1,950 and he was aged about 34 years. It was further pleaded by the Respondents 1 to 6 that the truck in question stood insured with the appellant-Assurance Company and the policy was valid upto December 1, 1990. In these circumstances the total compensation of Rs. 1,55,226. 80 was claimed by the claimants-Respondents 1 to 6. Notice for appearance was issued to appellant, as well as Respondent No. 7 who did not appear as a result of such non-appearance on July 23, 1990 he was proceeded against ex parte before the Commissioner below. Appellant appeared and filed its reply before the learned Commissioner below and it contested and resisted the claim of Respondents-claimants 1 to 6.

(3.) ON the pleading of the parties the learned Commissioner below framed following issues :