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2015 Supreme(HP) 1961

RAJIV SHARMA
SHRIRAM GENERAL INSURANCE COMPANY LIMITED – Appellant
Versus
LEELA VATI – Respondent


Advocate Appeared:
For the Appellant : Jagdish Thakur,
For the Respondent:L.S. Mehta, Advocates

JUDGMENT :

RAJIV SHARMA, J

1. This appeal is instituted against the award dated 31.8.2013 rendered by the Commissioner under Employee's Compensation Act, 1923, Karsog in W.C. Pet. No. 2 of 2011.

2. "Key facts" necessary for the adjudication of this appeal are that respondent Nos. 1 and 2 instituted a petition for the grant of compensation under section 22 of the Workmen Compensation Act against the appellant as well as respondent No. 3- Paras Ram Bansal. Respondent No. 1 is the mother of deceased Prem Singh and respondent No. 2 is the father of deceased Prem Singh. Prem Singh was deployed as a Driver of ill-fated truck of respondent No. 3. The truck met with an accident on 22.12.2009 at 11.30 P.M. Prem Singh died on the spot. The post-mortem was conducted at C.H. Karsog. FIR was registered. Prem Singh was 21 years old at the time of accident. His salary was Rs. 4,500/- per month and despite that he was also paid a sum of Rs. 120/- as daily diet money by respondent No. 3. Thus, his salary was Rs. 4500+3600 = Rs. 8,100/- per month.

3. Petition was contested by the owner of the truck. He has admitted that deceased Prem Singh was employed as a Driver. The accident was caused due to mechani

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