NATIONAL INSURANCE CO LTD Vs. PREM SINGH

JUDGEMENT

(1.) The Insurer National Insurance Company Limited has assailed the award dated December 4, 2004 passed by the Commissioner, under Workmen's Compensation Act, Theog, District Shimla, H.P. in Case No. 9/99, titled as Shri Prem Singh and Another v. Shri Sanjeev Thakur and Another.

(2.) Shri Pavinder Singh was employed as a Cleaner with Shri Sanjeev Thakur, respondent No. 3 herein. He was performing his duties on vehicle No. HP-09-1214 which met with an accident on February 1, 1998 due to rash and negligent driving of the driver. In the accident which took place near Bandar Sindari, Tehsil Kishangarh, District Ajmer, Rajasthan, said Shri Pavinder Singh died on the spot. The matter was reported to the police and FIR No. 9/98 dated February 1,1998 was registered with Police Station Bandar Sindari. His legal heirs i.e. father.and mother, filed a. petition under (I) whether the deceased workman was 17 years of age at the time of accident? OPP Section 22 of the Workmen's Compensation Act, 1923 (hereinafter referred to as the Act) claiming compensation.

(3.) In his reply the owner admitted the deceased to be his employee who died in an accident but simply pleaded that since the vehicle in question was insured with National Insurance Company Limited, therefore, the liability was that of the Insurer. It was, however, pleaded that the deceased was getting a salary of Rs. 500/- per month in addition to the food allowance.