JASVINDAR KAUR Vs. SARDAR NISHAN SINGH

JUDGEMENT

(1.) Invoking Section 30 of the Employee's Compensation Act, 1923 (for short 'the E.C. Act') the appellants/claimants have filed this appeal questioning the award dated 05/11/2009 passed by Commissioner for Workmen's Compensation-cum-Labour Court, Jagdalpur, Bastar, Chhattisgarh (for short 'the Commissioner') in Case No. B-75/2007/W.C. Act/Fatal, by which, respondent-Insurance Company has been exonerated from its liability to indemnify the amount under award, and the penalty has also not been awarded to the appellants/claimants. Brief facts in nutshell necessary for adjudication of this appeal are as under:

(2.) Mr. Ratan Pusty, learned counsel appearing for the appellants/claimants would submit that the Commissioner has committed legal error by exonerating the Insurance Company from its liability to indemnify the amount under impugned award. He would further submit that the Commissioner ought to have awarded penalty on compensation amount in view of Section 4-A(3)(d) of the E.C. Act.

(3.) Per contra, Mr. S.P. Sahu, learned counsel appearing for the respondent No. 1/owner would submit that the Commissioner has committed legal error in fastening the liability upon him. He would further submit that premium having been collected by Insurance Company on 04/07/2005, the vehicle stood insured covering the third party risk immediately thereof, therefore, he is not liable to pay the compensation and the Insurance Company is liable to pay the compensation awarded by the Commissioner.