NATIONAL INSURANCE COMPANY LIMITED Vs. NASIRKHAN MOBINKHAN

JUDGEMENT

(1.) Heard learned advocate Mr.Vibhuti Nanavati for the appellant - Insurance Company and learned advocate Mr.Manish S. Shah for the respondent no.1 - original claimant. Perused the record.

(2.) The appellant herein is opponent no.2 before the Commissioner under the Workmen Compensation Act at Himmatnagar in non Fatal Workmen Compensation Case No.76 of 2005. Such claim was preferred by the respondent no.3 herein being legal heirs of victim of accident claiming Rs.4,50,440/- as compensation under the Workmen Compensation Act, 1983.

(3.) It is an undisputed fact that claimant - victim was serving as a driver of Motor-Vehicle No.MH 8 A 7539. It was also an undisputed fact that on 12.08.2013 when victim was driving the truck towards Ahmedabad. Excel of both the front wheel of the truck where all of sudden detached from places of the the truck and thereby, truck was turn turtle which resulted into serious and grievous injuries to the victim for which he died. Therefore, claimant has preferred for claim of compensation contended that he was earning Rs.5000/- salary and he was 19 years of age. Since, victim was serving with the opponent no.1- respondent no.2 herein and since such owner of the vehicle has got his vehicle insured with the present appellant - Insurance Company, the claim is preferred both the against owner and insurance company.