NATIONAL INSURANCE COMPANY LIMITED Vs. LATA DEVI

JUDGEMENT

(1.) F. A. O. (WCA) No. 335/2003 this FAO has been filed against the award dated 8th October, 2002 passed by the Commissioner, under Workmen's compensation Act (SDM), Surendernagar, district Mandi in case No. 14.

(2.) THE brief facts necessary for the adjudication of this appeal are that respondents no. 1 to 3 filed a claim petition before the commissioner on 30th December, 1999 after the death of Sh. Chaman Lal son of Sh. Dundi ram, resident of village Beena, Post Office kalahod, Tehsil Sundernagar. The case set out in the petition is that Sh. Chaman Lal deceased was working as a driver under respondents No. 4 to 6. The tractor met with an accident on 6th November, 1999 resulting in the death of Chaman Lal on the spot. The date of birth of Chaman Lal was 4th June, 1967 and according to the averments contained in the claim petition, he was being paid a sum of 2,000/- per month as wages by respondents no. 4 to 6. The claimants claimed that they were dependent upon the income of chaman Lal. They claimed compensation of rs. 4,00,000/- under the Workmen's compensation Act 1923. The tractor in question was insured with the appellant-Insurance Company. Respondents No. 4 to 6 filed joint reply to the claim petition. It is admitted by respondents No. 4 to 6 that deceased Chaman Lal has died during his employment with them. The appellant insurance Company has filed a separate reply. The sum and substance of the reply filed by the Insurance Company was that since deceased was insured and one of the owners of the tractor No. HP-31-1387, the claim petition was not maintainable. It was specifically pleaded therein that there was collusion between the claimants and the private respondents. The factum of driver being employed by respondents No. 4 to 6 was also denied. The learned Commissioner framed the following issues:

(3.) THE Commissioner has recorded the following findings on the aforesaid issue: issue No. 1 Yes issue No. 2 Yes. Issue No. 3 Yes. Rs. 2,03,850/- (Rupees two lacs three thousand eight hundred and fifty only) from respondent No. 4 along with interest @ 12% per annum as per operative part of this order. Issue No. 4 No. Issue No. 5 No. Issue No. 6 No. . The learned Commissioner on the basis of the oral as well as documentary evidence led by the parties has awarded a sum of rs. 2,03,850/- to respondents No. 1 to 3 vide award dated 8th October, 2002. The claimants were also held entitled for interest on the remaining part of the award @ 12%perannum. The liability was fastened on the Insurance company. FAO (MVA) No. 511/2003