RAJIV SHARMA
National Insurance Company Ltd. – Appellant
Versus
Tripta Devi – Respondent
Rajiv Sharma, J.
1. This appeal is instituted against the award dated 20.11.2006, rendered by the learned Commissioner, Workmen's Compensation, Dharamshala, Distt. Kangra, H.P. in case No. 2/2002, 1/2005. Key facts, necessary for the adjudication of this appeal are that respondents No. 1 to 6, being legal heirs of deceased Prakash Chand, 29.4.2000, have filed petition for grant of compensation under Workmen Compensation Act 1923 (hereinafter referred to as the Act). Late Sh. Prakash Chand was engaged as driver. He died in the accident on 29.4.2000 at 2:30 A.M. He was 29 years of age at the time of accident. His wages were Rs. 4500/- per month. Respondent No. 7 was proceeded ex-parte on 24.9.2002 by the learned Commissioner.
2. The appellant Insurance Company contested the petition by filing preliminary objections as well. According to it, the vehicle in question was not insured with it. Sh. Prakash Chand has not died in the accident during the course of his employment.
3. The learned Commissioner framed the issues on 29.10.2002. The learned Commissioner awarded a sum of Rs. 6,10,840/- along-with interest @ 12% in favour of the applicants on 20.11.2006. Hence, this appeal at
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