ORIENTAL INSURANCE CO. LTD. Vs. SIKANDER AND ANR.

JUDGEMENT

(1.) FAO No. 250/2010 & CM No. 12058/2010 (for addl. evidence)

(2.) BY way of this appeal, challenge has been made to the impugned order dated 10.03.2010 in W.C. No. 87/NW/08 passed by the Commissioner, Workmen's Compensation, Ashok Vihar, Delhi. Respondent No. 1 i.e. the injured had filed a claim petition for the grant of compensation under the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') alleging therein that he was employed by respondent No. 2. During the course of employment, he had met with an accident on 11.11.2002 at about 10.55 p.m. near L block, Shakurpur, Delhi near Balmiki Mandir while driving TSR bearing No. DL -1RH -1392 belonging to respondent No. 2. The TSR was overturned and he sustained injuries in the accident. He had alleged that at the time of accident he was 32 years of age and was drawing salary of Rs. 4,000/ - p.m. The accident was also registered in P.S. Saraswati Vihar vide FIR No. 830/2002 on 12.11.2002 u/s 279/337 IPC. The respondent No. 1/injured had alleged that the TSR was insured with appellant as such the liability to pay the compensation was joint and several of appellant and respondent No. 2.

(3.) RESPONDENT No. 2/employer had also filed written statement admitting the relationship of employer/employee and also admitted that the accident took place out of and in the course of employment. However, respondent No. 2 submitted that the salary of respondent No. 1 was only Rs. 3500/ - p.m. The employer denied his liability and contended that the vehicle in question was insured as such insurance company was liable to pay.