RAMIBAI Vs. SHAMSHER SINGH
LAWS(MPH)-1987-3-56
HIGH COURT OF MADHYA PRADESH
Decided on March 18,1987

RAMIBAI Appellant
VERSUS
Shamsher Singh and Ors. Respondents




JUDGEMENT

P.D. Mulye, J. - (1.)THIS appeal filed by the Appellant under Section 30 of the Workmen's Compensation Act is directed against the judgment dated 11.10.1984 given by the Commissioner for Workmen's Compensation, Indore, in case No. 20 of 1981 whereby he has awarded a compensation of Rs. 18,000/ - only against Respondent No. 1 Shamsher Singh while dismissing the claim against the Respondent Nos. 2 & 3.
(2.)THE facts giving rise to this appeal may be stated in brief thus: Truck No. CPE 9263 was registered in the name of Respondent No. 3 as its owner which was insured in his name with the United India Fire & General Insurance Company Ltd. On the day when the accident took place in the night intervening 19th and 20th March, 1979 M/s. Sanghi Bros, had given the said truck on hire to Respondent No. 1, Shamsher Singh, in whose employment the deceased Radheshyam was working as a cleaner of said truck and was earning monthly wages of Rs. 225/ - . The Appellants as parents, therefore, filed their claim before the Commissioner for Workmen's Compensation on an allegation that the accident occurred because of rash and negligent driving of the truck driver as a result of which Radheshyam who was traveling in the same truck as its cleaner sustained injuries to which he succumbed on 263.1979 after being admitted in the hospital.
The Respondents contested the Appellant's claim. Appellant No. 1 died during the pendency of this appeal.

(3.)THE learned Commissioner after recording evidence has awarded a compensation of Rs. 18,000/ - plus costs and interest against Respondent No. 1 only.


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