NATIONAL INSURANCE COMPANY LTD Vs. SARLA AND ANOTHER

JUDGEMENT

(1.) The Insurer/appellant herein stands aggrieved by the pronouncement recorded by the learned Civil Judge (Jr. Division), Shimla, while exercising powers of 'Commissioner' under the Employees' Compensation Act, 1923, wherefrom, it, for hence begetting its reversal, has instituted the instant appeal herebefore.

(2.) This Court had on 04.10.2016 admitted the instant appeal, on the hereinafter extracted substantial questions of law:-

(3.) The learned counsel for the insurer submits that the mother of the deceased, the latter whereof, is not contested by him ''to'' suffer his demise during the course of his performing employment, in the relevant ill-fated vehicle, under one Joginder Singh, also he does not contest the fact of his drawing from his relevant employment, wages per mensem comprised in a sum of Rs.8,000/-. However, the learned counsel for the insurer submits that the claimant does not fall within the ambit of the definition of 'dependent' as encapsulated in the provisions of Section 2(1)(d) of the Employees' Compensation Act, 1923 (hereinafter referred to as the 'Act'), provisions whereof stand extracted hereinafter, hence he submits that the claim petition warranted dismissal.