V.N.SINGH,J. - (1.) THE present appeal has been filed by the Insurance Company for setting aside the judgment and award of the Tribunal and for dismissing the claim of the claimant -respondent against the appellant -insurance company.
(2.) THE brief facts of the case is that the claim under Workmen's Compensation Act No. 153/93 was filed against Shri Krishna Jain by Smt. Chandrakali w/o late Babu Ram and United India Insurance Company. Allegation of Smt. Chandrakali was that her husband late Sri Babu Ram was driver of Respondent No. 1 Sri Krishna Jain Since one year before the accident by the Truck No. U.P. 15 -J/5061 and he used to get salary of Rs. 3000 per month.
(3.) ON 31 -5 -1999, while her husband late Babu Ram was coming from Hathras by the truck and reached to Hapur road near Hazi park, three unknown persons killed her husband Babu Ram at 2.30 p.m. Babu Ram was admitted in the Lajpat Rai Nursing Home, Meerut by the conductor who died on 1 -6 -1999 at 7.30 a.m.;