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1995 Supreme(HP) 88

S.N.PHUKAN, BHAWANI SINGH
UNITED INDIA INSURANCE CO. LTD. – Appellant
Versus
NAKO ALIAS NAIKU DERI – Respondent


Advocates Appeared:
In FAO (WCA) No. 91 of 1987: For the appellant :A.K. Goel, Advocate. For the respondents 1 to 3:K.S Patyal, Advocate. For the respondents 4 and 5:Praneet Gupta vice Bhupinder Gupta, Advocate. In FAO (WCA) No 92 of 1987: For the appellant :A. K. Goel, Advocate. For the respondents 1 and 2:K.S. Patyal, Advocate For the respondents 3 and 4:Praneet Gupta vice Bhupinder Gupta, Advocate

JUDGMENT

S.N Phukan, C.J.—By this common judgment, we dispose of two appeals, registered as FAO (WCA) No 91 of 1987 and FAO (WCA) No/ 92 of 1 87 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 30-6-1987 in Case No. 3/85, of the Commissioner, Solan, under the Workmens 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 Naiayan Dass Deceased Tulsia Ram was employed by respondent 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 deceased Ram Lal The truck in question—rolled down from the main road, as a result of which deceased Tulsia Ram sustained injuries and died. The accident took place on 27-6-1984 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 Lai was holding a valid driving licence. It was also held that deceased Tulsia Ram was paid a sum of Rs 600 per














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