J. C. S. Rawat, J. - (1.) This appeal under section 30 of the Workmen's Compensation Act, 1923 has been filed by the Insurer- United In dia Insurance Company Ltd. against the award dated 24-11-2003 passed by the Commissioner for Workmen's Compen sation, Dehradun in W. C. A. No. 6 of 2001, Smt. Ratan Kaur and others Vs. Smt. Jagjeet Saini and others, whereby the learned Commissioner has awarded a sum of Rs. 2,23,576/- as compensa tion in favour of the claimants against the appellant-United India Insurance Company Ltd.
(2.) BRIEF facts of the case are that Respondent No.-l Smt. Ratan Kaur filed a Claim Petition before the Commis sioner for Workmen Compensation claiming compensation of Rs. 1,78,490/ - for the death of her son Harcharan Singh due to stress and strain while driv ing the Truck No. U. P. 07-B-5996 on 05-11- 2000 during the course of his em ployment as Driver with respondent No. 4 Smt. Jagjeet Saini, owner of the truck. It was further alleged that the deceased was 42 years of age at the time of the incident and was getting a sum of Rs. 2,000/- p. m. as salary from the em ployer. The opposite parties filed their written statements and contested the claim petition. The respondent no. 4-Jagjeet Saini, who claims herself to be the employer, had admitted all the aver ments made in the claim petition and pleaded that on the date of incident the truck was insured with the appellant United India Insurance Company Ltd. , therefore, the appellant United India In surance Company Ltd. is liable to pay the compensation. The appellant, United India Insurance Company Ltd. in its written statement had denied all the allegations made in the claim petition due to lack of knowledge. It was further pleaded that the deceased was the hus band of the owner of the truck and there was no master-servant or employer-em ployee relation between the owner and driver. It was further pleaded that the driver did not die during the course of em ployment. It was further pleaded that the deceased was driving the truck as owner, therefore, the claimants are not entitled to any compensation. The Commissioner for Workmen Compensation framed necessary issues in the case and on the evidence led by the parties held that the deceased died during the course of his employment and the insurer of the Truck was liable to pay compensation to the claimant.
(3.) ASSESSING the income of the de ceased at Rs. 2,639/- per month and tak ing into account that the deceased was aged about 45 years on the date of the incident, the Commissioner awarded Compensation of Rs. 2,23,576/ -. The Commissioner further directed the in surer to pay the compensation within a period of one month from the date of award failing which the insurer had to pay the normal interest from the date of claim petition till actual payment. Feeling aggrieved by the impugned award, the present appeal has been filed by the appellant.;