NEW INDIA ASSURANCE COMPANY LIMITED Vs. SHIV SINGH

JUDGEMENT

(1.) Leave granted.

(2.) Respondent No. 2 has been served by publication, but has not put in appearance. Service on Respondent No. 1 has been dispensed with at the request of the appellant.

(3.) Respondent No. 1-Shiv Singh is the driver of truck No. HYL-765 owned by Respondent No. 2 which was insured with the appellant. Respondent No. 1 after having fallen down from the insured vehicle, approached the Workmen's Compensation Commissioner for damages on account of the injury sustained by him in his right leg and other injuries on the body. The Commissioner by his order dated 30. 4.1996 allowed the claim and held the insurance company liable to pay the compensation. The Commissioner also held that the insurance company was liable to pay interest as also penalty over and above the principal amount of compensation. The appeal filed thereafter by the insurance company under Section 30 of the Workmen's Compensation Act in the High Court of Punjab and Haryana was dismissed on 26.8.1997. It is in these circumstances, the present appeal has been filed.