PYARI AND OTHERS Vs. SUKHLAL AND OTHERS

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 11.10.93 passed by the learned Workmen's Compensation Commissioner, Udaipur, in W.C. Case No. 16/89 whereby the claim petition filed by L.Rs. of deceased Shri Doonga Gameti was dismissed.

(2.) Briefly stated the facts which are necessary to dispose of this appeal 5 are thus; -that respondents 1 and 2 are the owners of the truck No. RSM 1339. They employed Shri Doonga son of Chaina Gameti aged 25 years as Driver on the truck owned by them at the monthly salary of Rs. 1000/- per month. This truck was insured with respondent No. 3. On 11.2.89 after having loaded pink marble in the truck from Babarmal Mines, the driver of the truck 10 Shri Doonga started for Makrana via Nathdawara, destination where marble stones were to be delivered. One Asha Gameti was cleaner and as such shri Doonga and Asha both were the employees of respondents 1 and 2 and during the course of employment Shri Doonga was driving truck, when the truck reached near to Nathdawara ghata (slope) it collided with another truck bearing No. RRJ 3189 which was also proceeding the same directions, resulting thereby that the driver of the truck No. RSM 1339, Shri Doonga and cleaner Asha Gameti both sustained severe injuries and succumbed to injuries instantaneously. First Information Report (F.I.R.) Ex. 1 was lodged with police station Nathdawara by Head Constable Shri Rodsingh of said police station, stating the facts which he found on the spot of accident. In the FIR, it was stated that one person died and the driver of the truck RSM 1339 was crushed and entangled between steering and body of the truck and he was breathing last. The another person was found lying road side with the fracture of leg. One more person was injured. Thus injured was taken to Hospital at Nathdawara. It was specifically mentioned in the F.I.R. that driver of the truck RSM 1339 was crushed and entangled between body and steering of the truck and other was found lying dead as driver and other person both were crushed in between the body and steering of truck.

(3.) The appellant No. 1 is the widow, appellant Nos. 2 and 3 daughter and son, appellant Nos. 4 and 5 are parents of deceased Shri Doonga Gameti and as such, they filed a claim petition for compensation before the Workmen's Compensation Commissioner, Udaipur, (hereinafter for short 'the Commissioner') claiming compensation for a sum of Rs. 86,764/- along with penalty and interest against respondents Nos. 1 and 2 who are owners of the truck involved in accident and against respondent No. 3 -the insurer of the truck. On the relevant date of accident, the said truck was validly insured with the respondent No. 3. Despite service of the notice of the claims petition, the respondent Nos. 1 and 2 remained ex parte. However respondent No. 3 filed its written statement. On the pleadings of the parties, the learned Commissioner tried the case.