- (1.) This appeal has been filed by RSRTC against the award dated 4.9.2006 passed by Workmen Compensation Commissioner Alwar in CAF/18/2003 whereby he allowed the claim filed by the claimants and awarded L 3,38,800/- as compensation with interest to the claimants for the death of Dal chand, driver of RSRTC.
(2.) The facts have been set out in the impugned judgment and hence I am not repeating the same here except wherever necessary.
(3.) The brief facts of the case are that Dalchand was engaged by the employee of the RSRTC namely Bharatbhusan Chaturvedi for carrying the Chasis of Ashok Leyland for carrying the same from Alwar to Jaipur. When the chasis, which was driven by Dalchand, came near Amer, in order to save Neelgay, the chasis overturned and Dalchand received injuries and thereafter taken to SMS Hospital in another Chasis which was driven by Ram Prasad, who has also lodged the FIR. Dalchand died at the SMS Hospital. The remuneration for taking the chasis was only L 400/- which was paid by the employee of the Corporation. The claim petition was filed and the RSRTC denied the contents of the claim petition. Both the parties produced evidence and the Commissioner on the basis of the evidence2 and the documents allowed the claim petition and awarded the amount of compensation as mentioned above.;