NATIONAL INSURANCE Vs. KISHAN SINGH

JUDGEMENT

(1.) This F.A.O. (WCA) has been filed against the award dated 17.10.2002 passed by the learned Commissioner, Workmens Compensation (SDM), Nalagarh, District solan, H.P. in case No. 3/2001.

(2.) THE brief facts necessary for the adjudication of this appeal are that one Shri Subhash Chand, who met with an accident on 6.11.1998, filed an application before the learned Commissioner on 31.5.1999. Shri Subhash Chand died during the pendency of the application. The respondent/claimant -Kishan Singh, father of Shri Subhash Chand, hereinafter referred to as the claimant for convenience sake, moved an application before the learned Commissioner for bringing on record the legal representatives of Shri Subhash Chand. The application preferred by Shri Subhash Chand was dismissed by the learned Commissioner, Workmen Compensation on 15.1.2001. However, permission was granted by the learned Commissioner to file a fresh application. Consequently, the claimant filed an application before the learned Commissioner, Workmen Compensation on 1.2.2001. It was registered as case No. 3/2001. The claimant has claimed a sum of Rs. 4 lacs towards compensation after the death of his son. It is averred in the application that he was dependent on the income of deceased Subhash Chand and as per the averment contained in the application, Subhash Chand had suffered injuries upto the extent of 90% at the time of accident dated 6.11.1998. The appellant and the respondent/owner, hereinafter referred to as the owner, filed separate replies to the application. The principal stand of the appellant and the owner was that fresh application was not maintainable after the dismissal of the earlier application preferred by Subhash Chand on 15.1.2001. The appellant has also averred in the reply that Subhash Chand was not having any driving license and he was not entitled to drive the tempo. The owner has admitted that Subhash Chand was employed by him. The accident dated 6.11.1998 is also admitted by him. The owner has also taken a stand before the learned Commissioner that Subhash Chand had died due to HIV -AIDS and his death was not caused by the injuries received by him in the accident dated 6.11.1998. The learned Commissioner framed the following issues on 18.8.2001 : 1. Whether the deceased workman sustained injuries during the course of his employment and later on died on account of such injuries, as alleged ? ....OPA 2. Whether the applicant is entitled for compensation ? If so, to what amount and from whom ? ...OPA

(3.) WHETHER the deceased workman was not having valid and effective driving license ? ..OPR -2