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UNITED INDIA INSURANCE COMPANY LIMITED versus SMT.KAUSHALAYA DEVI & ORS

High Court of Punjab and Haryana, Chandigarh

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United India Insurance Company Limited v. Smt.Kaushalaya Devi & Ors - FAO-750-2006 [2006] RD-P&H 520 (2 February 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

FAO No.750 of 2006

Date of Decision: 17.2.2006

Parties Name

United India Insurance Company Limited

Appellant

versus

Smt.Kaushalaya Devi and others

Respondents

CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present: Shri V.Ramswaroop, Advocate for the appellant JUDGMENT

This appeal has been filed against award given by the Commissioner, under the Workmen's Compensation Act, 1923, vide which for death of Kali Ram, an amount of Rs.4,30,560/- has been granted.

Claimants are widow, minor children and parents of the deceased. It is not in dispute that the deceased was working as a truck driver and he was sent to deliver the goods and on the way he had suffered heart attack and died.

Relationship of master and servant between respondent No.6 and the deceased is proved on record. This Court feels that death has occurred in the course of employment. So far as quantum of compensation is concerned, the same is reasonable, as the age of the deceased was only 26 years, he was drawing a salary of Rs.4,000/- per month. Counsel for the appellant states that there is no proof on record, that the deceased was drawing that much

salary, as has been held by the Court below. Be that as it may, it is known fact that in these days, no driver can be employed for less than Rs.4000/- pm. This Court feels that the truck drivers are rather getting more salary.

In view of facts mentioned above, no case is made out for interference in pure findings of fact as counsel has failed to raise any substantial question of law at the time of arguments.

Dismissed.

February 17, 2006 ( Jasbir Singh )

gk Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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