UNITED INDIA INSURANCE CO LTD Vs. NAKO ALIAS NAIKU DEVI

JUDGEMENT

(1.) BY this common judgment, we dispose of two appeals, registered as FAO (WCA) No. 91 of 987 and FAO (WCA) No. 92 of 1987 and also Cross-Objections No. 88 of 1989 filed in FAO NO. 92 OF 1987.

(2.) THE appeal, registered as FAO (WCA) No. 91 of 1987 has been filed by the Insurance Company against the Award dated June 30, 1987 in case No, 3/85, of the Commissioner, Solan, under the Workmen's Compensation Act. The claim petition was filed by Smt Nako alias Naiku Devi widow of deceased Tulsia Ram and two minors, namely Miss Devkoo Devi and Master Narayan Dass. Deceased Tulsia Ram was employed by respondents Nos 1 and 2, namely, Dhani Ram son of respondent No. 2 Devi Ram, who are the owners of Truck No. HPA 1277. The truck was driven by deceasd Ram Lal. The Truck in question rolled down from the main road, as a result of which deceased Tulsia Ram sustained injures and died. The accident took place on June 27, 1984. The deceased died leaving behind the claimants as his dependents as other daughters and son were married. The Commissioner held that the driver deceased Ram lal was holding a valid driving licence. It was also held that deceased Tulsia Ram was paid a sum of Rs. 600 per month as wages and that three claimants were his dependents. The Commissioner came to the finding that the truck was insured with the present appellant Accordingly, under the provisions of the Workmen's Compensation Act, 1923 (hereinafter referred to as the Act) as amended, a sum of Rs. 44,200 was assessed as compensation along with interest at the rate of 6 per cent per annum and the liability for the compensation was fixed on the Insurance Company, namely, the present appellant. Being aggrieved, the present appeal has been filed.

(3.) THE appeal, registered as FAO (WCA) No. 92 of 1987 has been filed by the Insurance Company against the award dated June 30, 1987 passed in case No. 6/84, of the Commissioner, Solan, under the Workmen's Compensation Act. The present claim petition was filed by Smt. Malti Devi widow of Ram Lal and also on behalf of minor son Master Babli. Deceased Ram Lal died in the same accident and on the same date and he was the driver of the vehicle. The Commissioner held that deceased Ram Lal had the valid driving licence No. P/2794/79 and that his monthly wages was Rs. 750. A sum of Rs. 65,073 alongwith interest at the rate of 6 per cent per annum was awarded as a compensation in favour of the claimants and the liability was fixed on the Insurance Company and hence the present appeal.