FAO No.1069 of 1999 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1069 of 1999 Date of Decision. 11.10.2010 Chandeshwar Jha son of Jagdish Jha and another ......Appellants Versus Charan Singh son of Het Ram and another ....Respondents Present: Mr. Neeraj Khanna, Advocate for the appellants. Mr. R.K. Bashamboo, Advocate for the insurnace company. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? -.- K. KANNAN J.(ORAL) 1. The petition is at the instance of the representatives of the deceased, who was a driver in a truck, who while trying to avoid running the vehicle over a cow swerved to one side that resulted in the vehicle turning turtle and trapping him dead under its weight. The Tribunal found that the claim under Section 163-A of the Motor Vehicles Act was not appropriate and it should have been pursued only an employment injury before the Workmen's Compensation Commissioner. The Tribunal could have very easily directed the party to such a forum but decided to dismiss the same. This Court being a Court of appeal under Section 30 of the Workmen's Compensation Act would, therefore, proceed to treat the case as one having been filed before the Commissioner and assess the compensation on the basis of FAO No.1069 of 1999 -2- evidence adduced. The claimants had stated that the deceased was earning Rs.3,000/- per month, which was conceded by the owner. The factor applicable for a person, who was aged 22 years was 221.37. The amount of compensation that should have become payable if the claim had been pursued under the Workmen's Compensation Act would be Rs.3,03,255/-. This amount shall be paid with interest @12% from the date of the petition till the date of payment. 2. The appeal is allowed to the above extent. (K. KANNAN) JUDGE October 11, 2010 Pankaj*