NEW INDIA ASSURANCE CO LTD Vs. BIJU

JUDGEMENT

(1.) An interesting preliminary question has come up for consideration in this appeal filed under Section 30 of the Workmen's Compensation Act 1923. The question:

(2.) Respondent No. 1 - workman allegedly sustained certain injuries in an accident which arose out of and in the course of his employment under Respondent No. 2 herein. According to the workman he was a loading and unloading worker and he sustained the injury while unloading some goods from the vehicle which belonged to Respondent No. 2. The vehicle was admittedly insured with the Appellant - Insurance Company. Therefore he claimed compensation from the employer and the Insurer of the vehicle.

(3.) The Tribunal after hearing the parties awarded a sum of ' 1,19,540/- to the workman towards compensation and directed the Appellant/insurer to pay the same with 12% interest from the date of accident viz., June 9, 2001.