NEW INDIA ASSURANCE CO LTD Vs. NEELAM KUMARI

JUDGEMENT

(1.) This appeal has been directed by the insurer against the award dated 3/12/2003 passed by Commissioner, Workmen's Compensation, Hamirpur in Case No. 2 of 1997, awarding Rs. 3,22,088 as compensation to respondent Nos. 1 to 4 with a direction to appellant insurer to indemnify respondent Nos. 5 and 6 and deposit the award amount within one month, failing which, there shall be an additional liability to pay the interest on the amount payable in accordance with law.

(2.) The brief facts of the case are that respondent Nos. 1 to 4 being widow and minor children of Ram Pal, filed a claim petition under Workmen's Compensation Act, 1923 (for short 'the Act') against respondent Nos. 5 and 6 owners and appellant insurer of tractor No. HP 22-4952 on account of death of Ram Pal on 9.11.1996 while ploughing field of Mansa Ram. It has been alleged that Ram Pal aged 35 years was co-owner of tractor No. HP 22-4952 along with respondent Nos. 5 and 6, he was employed as driver on the tractor by respondent Nos. 5 and 6 on Rs. 3,000 per month salary. The deceased was earning Rs. 2,000.00 per month from allied works. On 9/11/1996 Ram Pal was ploughing field of Mansa Ram and in that process trf ctor overturned accidentally and Ram Pal received crush injuries in the accident and died. The tractor was insured with the appellant at the time of accident, hence respondent Nos. 1 to 4 filed claim petition claiming Rs. 5,00,000.00 compensation.

(3.) The respondent Nos. 5 and 6 filed reply and admitted that they had employed Ram Pal as driver on the tractor No. HP 22-4952 on Rs. 3,000 per month salary and he died in the accident while ploughing field on 9.11.1996. They also admitted that the tractor was insured with the appellant on 26.3.1996. In the reply they pleaded no objection, if the petition is allowed.