SHABANA BANU Vs. PAWAN KUMAR

JUDGEMENT

(1.) The instant misc. appeal has been filed by the claimants under Sec. 30 of the Workmen's Compensation Act, 1923 challenging the validity of judgment/award dtd. 3/9/2015 passed by the Commissioner, Workmen's Compensation Act, Bhilwara ('Commissioner') in Claim Case No.106/2015, whereby compensation to the tune of Rs.5,06,745.00 was awarded in favour of the appellants/claimants on account of death of their sole bread earner Shri Shokat Ali on 21/1/2011 while working as driver of Jeep No.RSH-6797 under the employment of respondents Nos.1 and 2 herein.

(2.) The facts appertain are that the appellants/claimants filed a claim petition before the Commissioner alleging therein that the deceased Shokat Ali was employed as driver of Jeep No.RSH-6797 and was earning a salary of Rs.4,500.00 per month. On 23/1/2011 at 11.00 am, Shokat Ali was carrying Dr. Narayan Agal and L.H.V. Sushma Thomas in the jeep for Pulse Polio Campaign from Kuraj to Vagatpura and when they reached Khandel Chouraha near the nursery, the jeep turned upside down due to which Shokat Ali came underneath the jeep and died while the others received grievous and simple injuries.

(3.) Notices were issued to the non-claimants Nos.1, 2 and 3 and reply to the claim petition came to be filed by the non-claimants/respondents Nos.1 and 2 while stating that neither the vehicle in question was in the ownership of the respondents Nos.1 and 2 and nor the deceased Shokat Ali was employed on the vehicle as driver on salary, as they were not having cordial relations with Mangi Lal Khatik (father and husband of respondents Nos.1 and 2) and therefore, they were not having any concern with his property and any of his belongings. Thus, they prayed for dismissal of the claim petition.