ORIENTAL INSURANCE CO. LTD. Vs. PALWINDER KAUR

JUDGEMENT

(1.) THIS first appeal is filed under Section 30 of the Employee's Compensation Act, 1923 by the insurance company impugning the judgment of the Commissioner dated 25.11.2011 by which the claim petition filed by the legal representatives of the deceased Tarsem Singh, respondent nos. 1 to 3 herein, has been allowed and compensation awarded of a sum of Rs.3,84,280/ -alongwith funeral charges of Rs.2500/ - and also interest at 12% p.a from the date of the accident.

(2.) THE case as set up by the respondent nos. 1 to 3 before the Commissioner was that the deceased Tarsem Singh, late husband of respondent no.1 and father of respondent nos. 2 and 3, was employed as a driver of respondent no.4 herein (respondent no.1 before the Commissioner), for driving a truck bearing no.HR -55 -9697. It was pleaded by the claimants that on 7.10.2004, the deceased Tarsem Singh was on his occupational trip as a driver on the said vehicle from Satara to Delhi. The truck was loaded with Rajma and the deceased Tarsem Singh was murdered by some miscreants near Nardana village on Mumbai -Agra road. It was pleaded that the deceased was drawing wages of Rs.4500/ - per month and Rs.100/ - per day as daily allowance. The claim petition was accordingly filed under the Employee's Compensation Act, 1923 (hereinafter referred to as 'the Act').

(3.) BEFORE me, learned counsel for the appellant has argued and contended that the Commissioner has overlooked the admitted documents which showed that the permit issued with respect to subject truck on 19.7.2004 and the same was in the name of deceased Tarsem Singh. Since permit of a vehicle is only issued by an owner and the permit in this case was issued in the name of Tarsem Singh hence Tarsem Singh was the owner of the vehicle and was not an employee of respondent no.4. It is also argued that the registration of the vehicle was as of 8.11.2004 applied for being changed to the name of deceased Tarsem Singh clearly showing that when the accident took place on 7.10.2004, actually it was Tarsem Singh who was the owner of the vehicle and not that Tarsem Singh was an employee of respondent no.4 herein. Though in the R.C. transfer form, the date of transfer to Tarsem Singh has been shown as 4.11.2004, but the fact that the permit was earlier issued in the name of deceased Tarsem Singh, hence the deceased Tarsem Singh was actually the owner and definitely not the employee of respondent no.4 herein.