UNITED INDIA INSURANCE COMPANY LTD Vs. MEERA KANWAR

JUDGEMENT

(1.) This appeal under Section 30 of the Workmen's Compensation Act, 1923 ('the Act') is directed against judgment and award dated 29.06.1999 passed by the Workmen's Compensation Commissioner, Udaipur ('the Commissioner'), whereby, a sum of Rs.83,192/- alongwith interest @ 12% per annum has been awarded to the claimants.

(2.) The facts in brief are that respondent Smt. Meera Kanwar alongwith her three minor children filed an application for compensation ('the application') before the Commissioner with the averments that Chaman Singh husband/father of the claimants was employed with respondent No.1 Kishore Bhai on his Truck No.MMP-5827 as driver and was receiving Rs.1,000/- as monthly wages and his age was 30 years; on 23.11.1991 the said Chaman Singh started with the truck at 06:00 PM and on account of a sharp curve alongwith a slop, the truck became unbalanced, the brakes failed and it fell into a ditch, resulting in grievous injuries to the driver Chaman Singh, who succumbed to the injuries; the claimants claimed a sum of Rs.83,200/- as compensation alongwith penalty and interest.

(3.) The appellant Insurance Company filed its reply to the application and disputed the relationship of employer and employee between the insured and deceased Chaman Singh; rest of the averments made in the application were also denied; the employer remained ex parte.