NATIONAL INSURANCE CO LTD Vs. SHEELA

JUDGEMENT

(1.) The appeal questions the legality of an order dated 25.8.2003 passed by the Commissioner Workmen's Compensation awarding compensation to the respondents on account of death of Sheetal Prasad, the husband of respondent No.1, father of respondents 2 to 4 and the son of respondent No.5. Being not in dispute that the deceased was a driver under respondent No.6 and was driving vehicle No. DL 4CJ 3320 when it was involved in an accident and as a result deceased suffered injuries which proved fatal as also the wages, the Commissioner Workmen's Compensation proceeded to compute the compensation payable restricting the wages to the maximum amount under the Workmen's Compensation Act i.e. Rs.4,000/- per month.

(2.) The only issue which requires attention of this court in appeal is whether liability to pay could be fastened on the appellant.

(3.) Case projected in the appeal by the appellant is that while obtaining the insurance cover for the vehicle in question the employer i.e. respondent No.6 did not pay additional premium to cover the risk arising out of or relatable to the injury or death of the driver and hence the Commissioner Workmen's Compensation could not fasten liability on the appellant.