NATIONAL INSURANCE CO LTD Vs. MAGNA RAM

JUDGEMENT

(1.) THE present appeal has been filed against the award of Workmen's Compensation Commissioner, Jodhpur dated 30.11.1992 passed in WC Case No. 34 of 1989, decreeing the claim and making an award of Rs. 78,087.60, with 50 per cent penalty thereon amounting to Rs. 39,043.80 together with 6 per cent interest on the compensation amounting to Rs. 23,567.47; holding that the appellant, National Insurance Co. Ltd. along with owner of the vehicle, respondent No. 2, are jointly and severally liable to pay the aforesaid compensation to the claimant Magna Ram, present respondent No. 1.

(2.) IT is pertinent to mention that the owner of the vehicle, respondent No. 2, has also filed a cross -appeal before this Court against the aforesaid award dated 30.11.1992. The question of law and facts involved in appeal and cross -appeal are inter -linked, therefore, I propose to decide the appeal as well as the cross -appeal by a common judgment.

(3.) IT is alleged in the claim petition that on 18.11.1987, son of claimant -respondent No. 1, namely, the deceased Deva Ram, during the course of his employment, was going on truck No. RNM 7112 from Sursagar to Jodhpur. While on his way, due to rash and negligent driving of the driver, the aforesaid truck met with an accident at the turning point of Kaylana crossing.