N.N.Mathur & Amaresh K.Singh, J. - (1.) Heard learned counsel for the parties.
(2.) This appeal has been preferred under section 18 of the Rajasthan High Court Ordinance, 1949, against the judgment dated 3.1.96 passed by the learned single Judge of this court in Civil Misc. Appeal No. 523 of 1994. By the aforesaid judgment, the learned single Judge dismissed the appeal and upheld the award dated 28.10.93 passed by the Workmen's Compensation Commissioner in Claim Case No. WE/67 of 1989 awarding a sum of Rs. 76,856 as well as interest under section 4-A (3) and penalty under section 4-A (3) of the Workmen's Compensation Act, 1923.
(3.) The facts giving rise to the present appeal may be briefly summarised as below: Sayed Khan Pathan was working as a driver on truck No. RSY 8071 belonging to Rafiq Khan (respondent No. 8). The truck was insured with the present appellant, namely, Oriental Insurance Co. Ltd., Jodhpur under policy No. 30/00143/90 dated 19.8.1989. On 19.8.1989 at 8 a.m., Sayed Khan Pathan was instructed by respondent No. 8 to go to Nimbahera from Rajsamand. When Sayed Khan started the truck, he found that there was some defect. He stopped the truck near the house of Indra Singh Rajput. Sayed Khan was asked to place the jack beneath the truck in order to raise the wheel above the ground. At that time jack slipped and, as a consequence, Sayed Khan was crushed between the ground and the wheel of the truck. He was taken to General Hospital, Udaipur where he was operated. In spite of the medical treatment provided to him, he expired on 13.9.1989. After the death of Sayed Khan, his widow Momina Begum (respondent No. 1) on her behalf as well as on behalf of respondent Nos. 2 to 5, who were minor children of Sayed Khan and Akbar Khan and Hazara Begum, filed an application before the Workmen's Compensation Commissioner for grant of Rs. 1,25,000 as compensation. Rafiq Khan, the owner of the truck and Oriental Insurance Co. Ltd. were arrayed as non-petitioners. Both the non-petitioners contested the claim petition and filed the written statement. After giving opportunity to both the parties to produce their evidence and to submit their arguments, the Workmen's Compensation Commissioner, Udaipur, by his order dated 28.10.1993, dismissed the claim of the petitioner No. 7 Hazara Begum and allowed the claim petition of the petitioner Nos. 1 to 6 as against both the non-petitioners for the following amounts: JUDGEMENT_145_ACJ_2002Html1.htm;