ORIENTAL INSURANCE CO Vs. KALA DEVI

JUDGEMENT

(1.) THE above noted first appeal and the cross-objections which have arisen out of the order dated August 29, 1985 of the Commissioner under the Workmen's Compensation Act, 1923, hereinafter referred to as 'the Act' are being disposed of by this single judgment.

(2.) THE facts of the present case in brief may be stated thus. The respondents 1 to 5 are the legal heirs of deceased Lot Ram. They are hereinafter referred to as 'the claimants'. Respondent No. 6 is the employer under whom the deceased Lot Ram was working as a tractor Driver. Appellant in F. A. O. No. 181 of 1985 is the Insurance Company with whom the truck of the employer was insured.

(3.) THE deceased Lot Ram on October 6, 1981 while under the employment of the employer as a tractor Driver died in the accident. The claimants approached the Commissioner under the Act for the grant of compensation. During the pendency of the proceedings before the Commissioner, the parties arrived at a compromise. By virtue of the said compromise, the claimants accepted the compensation of Rs. 10,000 from the Insurance Company in full and final settlement of their claim. Consequent upon such compromise, and after having received the amount of Rs. 10,000 through a bank draft, the claimants on June 12, 1984 gave their petition for the grant of compensation. The Commissioner after recording satisfaction of the claim of the claimants, had dismissed the petition made by the claimants seeking compensation in respect of deceased Lot Ram.