SUNITA DEVI Vs. SHANTI DEVI

JUDGEMENT

(1.) IN the present appeal, award dated 22nd June, 2004 passed by Commissioner, under Workmens Compensation Act (S.D.M.), Nahan, District Sirmaur, H.P. in Case No. 7/2001, tilted as Smt. Shanti Devi and others v. Smt. Sunita Devi and another, has been assailed by the owner, who has been directed to pay the penalty to the extent of 30% of the awarded amount to the claimants.

(2.) SHRI Devinder Singh was employed as driver by appellant Smt. Sunita Devi. On 26.6.2001 deceased was driving vehicle No. HP -14 -6275, which met with an accident in which he died. The mother, brother and sister being legal representatives of deceased Shri Devinder Singh filed a petition under Section 22 of the Workmens Compensation Act (hereinafter referred to as the Act), praying as under : - It is therefore, prayed that this Honble Court may kindly determine the status of the deceased as workman within the meaning of the Act and the amount of Rs. 6,64,110.00 as compensation claim is due according to the Act and the same be ordered to be paid to the petitioners with interest and penalty or in the alternative any amount which falls due according to the Act. -

(3.) THE owner filed its response, inter alia, admitting the factum of the employment, accident and the death of the deceased. The amount of salary was, however, disputed and it was so pleaded that deceased was paid Rs. 1500/ - per month alongwith Rs. 50/ - per day as diet money for out station tours. The vehicle being insured with M/s. Oriental Insurance Company, the liability to pay the same was, however, pleaded to be that of respondent No. 2.