UNITED INDIA INSURANCE COMPANY LIMITED Vs. REHANA BEGUM

JUDGEMENT

(1.) THIS appeal under Section 30 of the Workmens Compensation Act (for short the Act) is directed against the judgment and award, dated 21.09.2004, passed by Workmen Compensation Commissioner/Assistant Labour Commissioner, Udham Singh Nagar (in short the Commissioner) in W.C. Case No. 11 of 2002, Smt. Rehana Begum and others V. Kamar Alam and others, whereby compensation of Rs. 4,48,859/ - inclusive of interest @ 12% per annum from the date of filing of claim petition till judgment, i.e. Rs. 1,25,939/ - has been awarded against the appellant. Aggrieved, the appellant has come up in appeal.

(2.) RELEVANT facts for a just decision of the present appeal are that claim petition under the Act was filed by the claimant Smt. Rehana Begum before the learned Commissioner on the ground that Mohd. Razwan, husband of claimant no. 1 was driver of Truck No. DIL -163 under the employment of truck owners Kamar Alam and Nayeem Ahmad, who died due to accidental injuries suffered by him in the course of his employment on 27.5.2001. The truck in question was insured with United India Insurance Company -appellant. Hence the claim petition was filed.

(3.) THE owners of the vehicle jointly filed their written statement and admitted that the deceased was working as driver, who died as a result of accidental injuries. According to them, the deceased workman was getting Rs. 3,000/ - per month as wages and he was aged 26 years. The appellant -insurer also filed its separate written statement and resisted the claim petition for want of knowledge. In the additional pleas, it was asserted that the deceased died due to his own negligence and that the insurer is not liable for compensation in the circumstances of the case. It was also pleaded that the deceased was not having a valid driving licence and there was violation of policy conditions. The insurer was not liable to pay compensation as well as interest.