KAUSHAL JAYENDRA THAKER,J. - (1.) Heard Sri Amit Manohar, learned counsel for appellant and Sri Krishna Kumar Singh, learned counsel appearing on behalf of claimants-respondent.
(2.) This First Appeal From Order has been filed under section 173 of Motor Vehicle Act, 1988 (hereinafter referred to 'Act, 1988') by Insurance Company, being aggrieved by order dated 16.4.2009 passed by Workmen's Compensation Commissioner, Kanpur Region, Kanpur in W.C.C. No. 161 of 2008.
(3.) Brief facts of the present case are that claimants-respondents of the heirs of the deceased who died in the accident which took place when he was a driver of Tempo No. 78 BT-0945. The deceased filed the claim before the Workmen Compensation Authority claiming that the deceased was driver on the vehicle owned by Rajesh Babu owner of Vikram Tempo insured with the appellant herein. The Workmen Compensation Authority issued notice to appellant and the owner. As the accident had taken place on 10.6.2008 at about 12.30 pm (afternoon). The claimants time and again requested the owner to pay the compensation. It is alleged that Narendra Kumar was serving with respondent no. 2 herein and the heirs of claimants filed the claim before the authority. This fact has been admitted by the respondent no. 2 that the deceased was in his employment and was being paid Rs. 3,000/- per month as wages and Rs. 20/- per day as daily allowance.;