NEW INDIA ASSURANCE CO. LTD Vs. NOORJAHAN

JUDGEMENT

(1.) THIS appeal has been preferred under Section 30 of the Workmen's Compensation Act, 1923 (in short 'the Act') against the judgment and award, dated 24th July, 2002, passed in Case No. W.C.A. 23 of 1998, Smt. Noor Jahan v. Sri Mahmood Alam and Anr. by the Workmen's Compensation Commissioner & Asstt. Labour Commissioner, Kumaun Region, Haldwani (hereinafter referred to as the Commissioner), whereby the learned Commissioner has awarded a sum of Rs. 2,26,380 alongwith 12% per annum simple interest, i.e. Rs. 81,495 (total Rs. 3,07,875) in favour of the claimant-respondent No. 1 with certain directions, as against the opposite party No. 2-appellant. Aggrieved, the Insurance Company-appellant has come up in appeal and framed the substantial question of law in memo of appeal that the death was direct result of the accident was not proved and there was breach of the insurance policy by the O.P. No. 1 and with a prayer to set aside the impugned judgment and award and has assailed the impugned judgment and award contending that the same is not based on evidence on record. .

(2.) BRIEF facts of the case are that claimant Noor Jahan wife of Mahboob Ismail and others filed petition under the Act before the learned Commissioner alleging therein that her husband (the deceased) was employed under the employment of O.P. No. 1 and during the course of his employment, on 18th February, 1998 at a about 8 a.m., an accident took place, while the deceased was engaged in his work on the machine used for levelling the ground, with the result the deceased sustained injuries and he was rushed to S.S. Jina Base Hospital, Haldwani and ultimately, he was referred to Bareilly Hospital. While the deceased was being taken to Bareilly, he succumbed to his injuries in the way near Lalkuan. The deceased was aged 18 years and he was earning Rs. 2,200 p.m. Claimants have claimed compensation under the Act worth Rs. 2,26,380/ - alongwith interest @ 12% per annum.

(3.) THE O.P. No. 2-appellant has also contested the claim petition by filing its written statement. It has been asserted that the allegations are denied for want of knowledge. In additional pleas, it has been stated that the Insurance Company was not informed, therefore, the Company is not liable to pay any compensation.