S.D. Anand, J. - (1.) The respondents are dependent family members/legal representatives of Darshan Singh who, in the course of employment of employer -respondent No. 5 (hereinafter referred to as "the employer) died on 10.9.2003. Respondent Gurmit Kaur is wife of Darshan Singh. Respondents Harvinder Singh and Harjinder Kaur were begotten to her from the loins of her deceased -husband Darshan Singh. Respondent No. 4Gurdev Kaur is mother of deceased Darshan Singh. He was in employment of the employer, as a driver, on Tractor No. PB -56 -3909. On the relevant date, he was transporting sand when the jack suddenly fell upon him and he died instantaneously at the spot. D.D.R. No. 26 dated 10.9.2003 was lodged at Police Station, Leh, by claimant -respondent Gurmit Kaur.
(2.) The Commissioner under the Workmen's Compensation Act (hereinafter referred to as "Commissioner") upheld the entitlement of the respondent -claimants to a compensation of Rs. 2,88,210/ -. He further held that the employer and respondent -company shall be liable to pay the amount of compensation jointly and severally. The Commissioner awarded further simple interest @ 9% per annum on the awarded compensation with effect from the date of compensation till the payment thereof.
(3.) I have heard Mr.RC Gupta, learned Counsel for the appellant, Mr.Ramneek Vasudeva, learned Counsel for respondents No. 1 to 4 and Mr.Jatinder Sharma, learned Counsel for respondent No. 5 and have carefully perused the records.;