NEW INDIA ASSURANCE COMPANY Vs. NAYAJUDIN & ANOTHER

JUDGEMENT

(1.) The instant appeal arises from the impugned order of the learned Commissioner, under the Workmen's Compensation Act, 1923, Rampur, District Shimla, H.P. ( for short the "Commissioner"), whereby he allowed the application preferred thereat by the claimant/respondent No.1 for the grant of compensation under the Workmen Compensation Act (for short the "Act").

(2.) The Insurance company-appellant herein standing aggrieved by the rendition of the learned Commissioner hence concerts to assail it by preferring an appeal therefrom before this Court.

(3.) Briefly stated the facts of the case are that the claimant being quite old and poor fellow was fully dependent upon his son, namely, late Sh. Abdul Majid. His son had died on 24.11.1997 when he was employed as trolla driver by respondent No.2 herein. During the course of such employment, when the deceased was taking the machineries to NJPC in his trolla bearing No. HP-38-3935 and reached at Seglata near Narkanda, Tehsil Kumarsain, District Shimla at about 4.30 PM, he was not allowed to go ahead as the crane was lifting another trolla rolled down earlier. When, he after getting down from the said trolla looking the process of lifting of another trolla by crane, suddenly a big kail tree got uprooted and struck on the head of said Abdul Mahjid and resulted into his death on the spot.