- (1.) THIS appeal under Section 30 or the Workmen Compensation Act has been filed by the Oriental Insurance Company Ltd. against the judgment and order dated 25-10-2000 passed by Workmen Compensation Commissioner (Deputy Labour Commissioner), Kumaun Region, Haldwani, District Nainital in W. C. Case No. 32 of 1997 whereby the learned Commissioner has awarded Rs. 2,16,260. 00 as compensation.
(2.) BRIEF facts of the case are that the deceased was employed with Sri Inder Pal Singh C/o M/s Janta Transport as a driver. On 16-12-1995 at about 08:30 pm when the deceased Radhey Shyam - driver of the truck No. LJGP/ 4900 was trying to turn his truck at Dalpatpur near village Mohgnapur, then the truck No. HP2/1471, which was be ing driven by its driver in a very rash and negligent manner, dashed the truck of Radhey Shyam from one side, due to which, Radhey Shyam sustained serious injuries and died on 17-12-1995 due to the said injuries. At the time of the ac cident, he was aged about 35 years and used to earn Rs. 1,800/- per month. Therefore, the claimants filed claim pe tition before the learned Commissioner for Rs. 1,77,354/- as compensation along with interest @ 12% per annum. The appellant / Insurance com pany as well as Sri Inderpal Singh con tested the claim petition and filed their separate written statement. On the ba sis of the pleadings of the parties, the learned Commissioner came to the con clusion that on the date of accident, Radhey Shyam was died during working hours as a driver in truck No. UGP/4900, therefore, the claimants were entitled to get compensation under the provision of Workmen Compensation Act, 1923. The learned Workmen Commissioner awarded a sum of Rs. 2,16,260/- as compensation in favour of the claimants. Feeling aggrieved by the aforesaid judgment and order, the Insurance Com pany filed this appeal before this Court.
(3.) HEARD Sri T. A. Khan, learned counsel for the appellant/insurance Company, Sri A. K. Joshi, learned coun sel for the respondent No. 1 and perused the record. Learned counsel for the appellant / Insurance Company has pressed this appeal only on the ground that the learned Workmen Commissioner, while deciding the claim petition, did not con sider the definition of the "dependent" as provided under Section 2 (d) of the Workmen Compensation Act which shows that the major brothers do not fall in the category of dependents of the deceased.;