RAM DEV PURI Vs. TRISHLA DEVI

JUDGEMENT

(1.) Compensation District Una dated December 14, 2005, whereby he has allowed the This appeal under Section 30 of the application for grant of compensation filed by Workmen's Compensation Act, (here-in-after the claimants and held the employer (appellant) referred to as the Act) is directed against the 5 liable to pay compensation of Rs.2,03,092/- award of the Commissioner Workmen's alongwith interest at the rate of 12% per annum from the date of death till deposit of the amount. The employer has been given the right to recover the same from the Insurance Company.

(2.) Briefly stated, the facts of the case are that the claimants are widow and minor children of Sukh Chain Singh. They filed a claim petition under Section 4 of the Act in which they averred that the deceased Sukh Chain Singh was employed as driver with respondent Ramdev Puri. According to the claimants, on November 22, 1999 Sukh Chain Singh was deputed with truck bearing registration No. HP-20-9082 loaded with coal. Manjit Singh was the conductor of the truck and in the course of employment he died at Sarsawa/Jagadhri on November 22, 1999. It was further alleged that the owner after reaching the spot did not permit post mortem to be performed. The owner filed a written statement denying that Sukh Chain' Singh was employed as a Driver. It was pleaded that Sukh Chain Singh had died a natural death at his village and the death did not occur during the course of employment. The Insurance Company denied the case in toto. One of the issues framed was whether the Commissioner, Workmen's Compensation has no jurisdiction to decide the petition. The claimant appeared as P.W.I and stated that her husband died on November 22, 1999 at the U.P. border near' Yamuna Nagar. She has not stated a word about the cause of the death.

(3.) Manjit Singh was the conductor of the truck. According to him, deceased Sukh Chain Singh was the driver in the truck. They loaded coal at Jallandhar. When they were near the U.P. border at Sarsawa they stopped to have food and rest. They spent the night there. At 9.00 a.m in the morning Sukh Chain went to ease himself. He suffered from a stomach ache. He came back and lay down in the truck. Manjit Singh then went to get a doctor. He could not find any doctor and when he came back he found that Sukh Chain had expired. He then rang up Shyam Lal Puri, who is the brother of the owner of the vehicle. Shyam Lal Puri alongwith some other persons came to the spot and the body was taken to the village of; deceased Sukh Chain Singh.