NEW INDIA ISSURANCE CO LTD Vs. MUNI KANWAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 14 -7 -1997 passed by learned Commissioner, Workmen 's Compensation, Hanumangarh (for short, referred to hereinafter as 'the Commissioner ') whereby the Commissioner has awarded compensation of Rs. 2,45,420/ - in favour of respondents No. 1 to 4 (referred to hereinafter as 'the claimants ') and against respondent No. 5 Hemender Kumar, owner of the vehicle involved in the accident and appellant New India Assurance Company Ltd. (for short, referred to hereinafter as 'the insurance company '). Aggrieved by the judgment and award impugned, the insurance company has filed this appeal.

(2.) BRIEFLY stated, facts of the case to the extent they are necessary and relevant for the decision of this appeal are that on 8 -5 -1996 Mohan Singh, driver of mini -truck No. RJ 13/G 1512 sustained fatal injuries in an accident arising out of and in the course of his employment with the employer respondent No. 5 Hemender Kumar - registered owner of the said truck. The said truck was, at the relevant time, insured with the appellant insurance company. The claimants who are the legal representatives of the deceased Mohan Singh filed the claim petition under Section 22 of the Workmen 's Compensation Act, 1923 (for short, referred to hereinafter as 'the Act ') claiming compensation against the employer and insurance company. Vide the judgment and award impugned, the Commissioner awarded compensation in favour of the claimants as noticed above holding the insurance company 'liable.

(3.) I have heard learned counsel for the parties and perused the judgment and award impugned and carefully gone through the record of the Commissioner.