Amitav K. Gupta, J. - (1.) This appeal has arisen out of order dated 29-6-2010 of the Court of Commissioner, Hazaribagh, in W.C. Case No. 61 of 2007.
(2.) This appeal was admitted for hearing on following substantial question of law by order dated 18-1-2017 :- "(A) Whether the adoption deed executed by the deceased on 17-4-2003 before the Notary Public, Hazaribagh, can be treated as valid adoption in terms of provisions of Section 16 of the Hindu Adoptions and Maintenance Act, 1956? (B) Was the said deed required to be registered as per Section 17 of the Indian Registration Act, 1908? And (C) Whether the claimants are the dependents as defined under Section 2(1)(d)(iii)(g) of the Workmen Compensation Act, 1923 (now Employees Compensation Act, 1923)?"
(3.) The claimant, i.e. respondent No. 1 had filed the claim application. as one of the dependents of deceased, late Pradip Singh, in the capacity of legal guardian of respondent Nos. 2 and 3, who are alleged to be adopted son and daughter of late Pradip Singh. It is stated that Pradip Singh was employed as Khalasi by respondent No. 4, namely, Rajendra Singh, the owner of Truck No. A438L2483. That on 21-4-2007, the said truck was going to Dehari-On-Sone laden with coal and on the way some unknown criminals kidnapped and killed the driver and khalasi, i.e., the deceased Pradip Singh, for which Mandu P.S. Case No. 164 of 2007 was registered. The claimant's case is that the deceased was earning Rs. 3,000/- (three thousand) and was also getting daily allowances for food and miscellaneous expenses. The respondent-owner of the vehicle filed the written statement admitting that the deceased was engaged as a khalasi but he was being paid only Rs. 1,500/- (one thousand five hundred) per month as well as daily allowances. That the Truck was duly insured with the appellant insurer.;