PRADEEP KANT, J. - (1.) HEARD the learned Counsel for the appellant Mr. M.S. Kotwal and Mr. Deepak Kumar Agarwal for the respondents.
(2.) SMT . Islama, widow of the deceased Wahid Ali claimed for award of compensation on the death of her husband under the provisions of Workmen's Compensation Act, 1993. Smt. Islama died thereafter. The facts which have given rise to the present appeal are that Wahid Ali (since deceased) was working as a driver on the truck of Praveen Chandra Rastogi bearing registration No. USH 6621 and was 40 years of age at the time of the accident. Since the death had occurred during the course of employment on 26/27.12.1994, when the deceased was carrying the truck with goods loaded thereon, an F.I.R. was lodged on 27.12.1994 at 6.10 in the morning. It was claimed that the deceased was getting a salary of Rs. 2000 per month and that his family consisted of his wife Islama, one son Master Shahid Ali aged about 9 years, two daughters, Km. Shamidun aged about 4 years and Km. Yasmin aged about 2 years and his mother Smt. Sughra, aged about 70 years. The said vehicle was insured with National Insurance Company Limited, which insurance was valid from 3.11.1994 to 2.11.1995. Despite notice for paying compensation being sent, compensation was not paid and, therefore, a claim was filed under Section 3 of the Act claiming compensation to the tune of Rs. 1,02,000 plus interest.
(3.) THE matter was contested by the National Insurance Company Limited (the present appellant), who filed a written statement. In the written statement, it was pleaded that the claimants have not filed any evidence in support of their claim and, therefore, in the absence of such evidence being filed, it would not be possible to make a reply to the averments made in the application. The plea of defective driving licence and that the claim was barred by limitation was also taken.;