ORIENTAL INSURANCE COMPANY Vs. PIPLO AND OTHERS

JUDGEMENT

(1.) The instant appeal stands directed against the impugned order of 30.05.2009, rendered by the learned Commissioner Workmen's Compensation, Chamba, whereby it awarded compensation comprised in a sum of Rs. 4,26,132/- to the claimants-respondents No. 1 to 4.

(2.) The brief facts of the case are that Gajinder Singh @ Bhindro was a workman employed by Naved Ali Shah, respondent No. 5 herein. On 24.03.2008 at 4.30 p.m. while working under instruction from respondent No. 5, he received head injuries owing to accident owing to which he died. The accident occurred at Village Mehla at Lakara-Bandla Road, District Chamba, H.P. during the course of his employment of late Gajinder Singh @ Bhindro, who received multiple injuries due to accident which resulted in his death. The petitionersrespondents No. 1 to 4 herein are mother and children of late Gajinder Singh @ Bhindro who were totally dependent on him.

(3.) On filing the petition, both the parties were summoned. Respondents No. 1 to 4 herein have alleged that late Sh. Gajnder Singh @ Bhindro received multiple injuries during the course of his employment when he was working at the site near Village Mehla on Mehla-Lakara-Bandla Road under instruction from respondent No. 5 herein when he met with an accident on 24.3.2008 and died due to the head injuries caused because of the accident. The cause of death was head injury leading to cardiovascular failure as mentioned in the postmortem report attached with the petition. The respondents No. 1 to 4 herein were totally dependent upon the income of the deceased workman. The deceased was getting a salary of Rs.4500/- per month from his employer, respondent No. 5 herein The deceased was 40 years old at the time of death. The petitioners-respondents No. 1 to 4 herein prayed that respondent No. 5 and the appellant herein be ordered to pay a sum of Rs. 8 lacs as compensation to the petitioners-respondent No. 1 to 4 herein.