SATYA POOT MEHROTRA,RAJESH CHANDRA,J - (1.) SUPPLEMENTARY Affidavit filed today be taken on record.
(2.) THE present Appeal has been filed under Section 30 of the Workmen's Compensation Act, 1923 against the order dated 22.7.2009 passed by the Workmen's Compensation Commissioner, Ghaziabad whereby the compensation amounting to Rs. 3,94,120.00 has been awarded on account of death of Rajesh Kumar Gupta in an accident which took place on 16.12.2006. It appears that the claimants -respondents no. 1, 2 and 3 filed an application under the Workmen's Compensation Act, 1923, interalia, claiming compensation amounting to Rs. 3,98,800.00 with interest at the rate of 12% per annum and a sum of Rs. 25,000.00 towards funeral expenses and loss of Consortium in addition to the penalty which is 50% of the said claim amount plus cost of the Claim Petition.
(3.) IT was, inter-alia, averred in the said Claim Application that the said Rajesh Kumar Gupta, husband of the claimant-respondent no.1 (Smt Sudha Gupta) was in the employment of Mahavir Sharma, son of Chhottan Lal Sharma, resident of S-11 Shalimar Garden, Ganesh Puri, Sahibabad, District Ghaziabad, i.e. the Registered Owner of the Vehicle/Dumper No. HR -38 C-8269 (here-in-after also referred as " the Vehicle in question ") as the driver on the wages of Rs.4500/- per month.;