Decided on April 19,2007

Saraswati Devi Chamoli Respondents


B.C.KANDPAL, J. - (1.)BOTH the above appeals have been filed against the judgment and award dated 24.8.2004, passed by Workmen Compensation Commissioner/Assistant Labour Commissioner, Garhwal Region, Dehradun in WCA No. 22/2002 Smt. Saraswati Devi Chamoli & Others Vs. Ram Dayal Chamoli & another, therefore, wherein the Workmen Compensation Commissioner awarded an amount of Rs. 2,36,428/ - to the claimants against the United India Insurance Company Ltd. We are deciding both these appeals by this common judgment. For the convenience we are mentioning herein the facts relating to F.A. No. 393/2004. Opposite party No. 1 - Smt. Saraswati Devi Chamoli is the wife of late Sri Mathura Prasad Chamoli and on 13.09.2002 filed a petition before the court below for compensation. The owner of the truck was Mr. Ram Dayal Chamoli. According to the claimant, the deceased - Mathura Prasad Chamoli was the engaged as driver of truck bearing registration no. UAO9/4514. On 03.05.2002 the said truck met with an accident at Rishikesh - Tehri road, due to which the driver of the truck died at the spot. At the time of the accident, the deceased was getting Rs. 5000/ - per month. All the claimants were fully dependent on him therefore, they issued notice on 02.08.2002 for compensation but the owner of the truck refused the give any compensation. Therefore, the claimants filed a petition for claiming Rs. 3,84,280/ - as compensation. All the opposite parties filed their separate written statement denying the allegation made in the claim petition. Sri Ram Dayal Chamoli who was the owner of the truck stated in his written statement that at the time of the accident, the truck was insured with the United India Insurance Company Ltd., therefore, the compensation is liable to be paid by the Insurance Company. It has further stated that in this regard on 15.07.2002, the owner of the truck sent a letter to Insurance Company. United India Insurance company Ltd./appellant also filed its separate written statement. In the written statement it has been stated that the Insurance Company is liable to pay any compensation only after final decision of the petition and as per the terms and condition of the policy.
(2.)ON the basis of the pleadings of the parties, the court below framed relevant issue.
The parties led evidence before the Workmen Commissioner in support of their claim. The Commissioner after hearing parties and perusing the material on record, awarded compensation to the tune of Rs. 2,36,428/ - to be paid by United India Insurance Company.

(3.)FEELING aggrieved, the United India Assurance Company as well as the claimants preferred appeals.

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