SUNITA DEVI Vs. AUTAR SINGH

JUDGEMENT

(1.) The appellant filed Workman Compensation Case No. 4 of 1993 for grant of compensation under the provisions of the Workmen's Compensation Act, 1923 (hereinafter to be referred to as 'the Act') on account of death of her husband, Bijay Ram alias Bijay Kumar on 23.5.1992, in course of his employment as a driver of Autar Singh, the respondent No. 1, who was owner of Maruti van (BEN 9670).

(2.) She claimed that her deceased husband was employed as a driver by Autar Singh. On 23.5.1992, while he was driving Maruti van, it collided with a truck (No. UGI 9845) near a pond on the Daltonganj- Ranchi Road at village Hirsa Pokhraha in Palamu District. In the said accident he sustained head injury and died. At the time of his death, he was 25 years old and was getting a salary of Rs. 900 per month.

(3.) Autar Singh appeared in the case and filed written statement stating, inter alia, that the deceased, Bijay Ram alias Bijay Kumar was employed by him as driver on the said Maruti van which was of purely casual nature. The van was duly insured with New India Assurance Co. Ltd. at the relevant time and as such the said insurance company is liable to pay the compensation amount, if any, payable to claimant under the Act. After filing written statement, he left taking interest in the case and did not contest.