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T.S.THAKUR, FAKKIR MOHAMED IBRAHIM KALIFULLA
PARAM PAL SINGH THROUGH FATHER – Appellant
Versus
NATIONAL INSURANCE CO. – Respondent
Key Points: - There is a finding of CAUSAL CONNECTION between death and employment as a truck driver, supporting compensation under the Act (!) (!) (!) (!) - Adoption of the appellant by the deceased was held to be valid based on documentary and oral evidence, affecting the claimant’s status as a dependent (!) (!) (!) (!) (!) - The death occurred while the deceased was performing driving duties and the death was considered an untoward mishap arising out of and in the course of employment, constituting an accident for compensation purposes (!) (!) (!) (!)
JUDGMENT
Fakkir Mohamed Ibrahim Kalifulla, J.-Leave granted.
2. This appeal is directed against the judgment of the High Court of Delhi passed in FAO No.184/2005 dated 23.05.2007. The said appeal before the High Court arose out of an award passed by the Workmen’s Compensation Commissioner in its order dated 29.12.2004 in WCD/113/NWD/02. The Workmen’s Compensation Commissioner determined the compensation payable to the appellant herein in a sum of Rs.2,20,280/- along with another sum of Rs.2500/- as funeral charges under Section 4(4) of the Workmen’s Compensation Act. A separate show-cause-notice was issued for payment of interest and penalty. The respondent herein preferred the abovesaid appeal in FAO No.184/2005 in which the High Court passed the impugned order setting aside the order passed by the Commissioner. It is in the abovesaid background the appellant-claimant has come forward with this appeal.
3. At the very outset, it is required to be stated that the appellant claimed himself to be the adopted son of the deceased Jeet Singh @ Ajit Singh. According to the claimant the deceased Jeet Singh @ Ajit Singh was employed as Truck Driver by the second respondent herein to drive t
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