NEW INDIA ASSURANCE CO LTD Vs. JASVEER KOUR

JUDGEMENT

(1.) HARDEV Singh, employed as driver with Century Carriers and Bus Operators, was driving a goods carriage bearing registration No. JKU 2218 from Srinagar to Jammu, when it rolled down at Baish Ladi Nallah, near Magar Kote resulting in his death because of the injuries sustained in the accident.

(2.) JASVEER Kour, his widow, Hartaj Singh, his minor son and Surjeet Kour, his minor daughter, filed a compensation claim for Hardev Singh's death, with the Commissioner under the Workmen's Compensation Act, 1923, at Jammu (hereinafter to be referred as 'the Act' for short).

(3.) THE claim lodged by the dependants of Hardev Singh, contested by the insurance company, was adjudicated upon by the Commissioner, Workmen's Compensation on the basis of claimants' evidence alone, as the insurance company had opted not to produce any evidence in the case, on the issues which read thus: