Sikkim Court June 1994 Judgments

Sikkim Ayurvedic Pvt. Ltd. Vs. Pyari Tamangni and ors.

Court: Sikkim

Reported in: 1996ACJ1131

S.N. Bhargava, C.J.1. This is a writ petition under Articles 226/227 of the Constitution of India. The petitioner is a private limited company wherein one Tirtha Tamang was employed as a cleaner on its vehicle registered under No. SKM 5787. The said vehicle met with an accident on 7.3.1990 as a result of which Tirtha Tamang died. Respondent No. 1, being the widow of late Tirtha Tamang, filed a claim for compensation before the Commissioner for Workmen's Compensation against the present petitioner and respondent No. 2, the National Insurance Co. Ltd., where the said vehicle was insured. Both the petitioner and respondent No. 2 filed their replies and contested the petition. Learned Commissioner after hearing the parties passed an award on 22.7.1993 holding that the dependants of the deceased workman are entitled to an amount of Rs. 35,581/- as compensation and directed the petitioner to deposit the said amount with the Commissioner and further held that the insurance company cannot be m...