PARAS RAM SHARMA Vs. RAJBANSH SINGH

JUDGEMENT

(1.) The claimants have assailed impugned award dated 24.6.2002 passed by the Commissioner, Workmen's Compensation, Rajgarh, District Sirmaur, H.P., dismissing the claim petition filed by parents of the deceased Vinod Kumar alias Raju.

(2.) A petition under Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') was filed by the claimants- appellants herein, on the ground that their son Vinod Kumar employed as a conductor by Rajbansh Singh and Surinder Singh, owners of vehicle No. HP 14-1085, died in an accident on 9.2.1998. Vinod Kumar at the relevant time was discharging the duties of a conductor/cleaner and drawing salary of Rs. 2,000. The owners in spite of service chose not to cause appearance and were proceeded ex parte, but however, Oriental Insurance Co. Ltd., the insurer of the vehicle in question filed its reply, inter alia, taking preliminary objections that in the absence of any proof of privity of contract; valid insurance policy and the driver not possessing a valid driving licence, no liability could be fastened on the insurer.

(3.) Based on the pleadings of the parties the following issues were framed: