ORIENTAL INSURANCE CO. LTD. Vs. HEIRS

JUDGEMENT

(1.) IN this revision application under Section 115 of the Civil Procedure Code, the petitioner-Insurance Company has challenged the communication/order dated 12.2.1999 from the Motor Accident Claims Tribunal (Main), Rajkot to the Divisional Manager of the petitioner-Company calling upon the Company to pay compensation under the Workmen's Compensation Act, 1923 (hereinafter referred to as the said Act or the Workmen's Compensation Act) with interest and penalty to the heirs of deceased-Kishorbhai Popatbhai who was the driver of the motor vehicle involved in a motor accident on 7.3.1994.

(2.) THE heirs of the deceased had filed Motor Accident Claim Petition No. 1589/98 before the Motor Accident Claims Tribunal, Rajkot claiming a sum of Rs. 3 lacs under Section 166 of the Motor Vehicles Act, 1988. The Tribunal found that since the accident arose on account of negligence of the deceased-driver himself, the application filed by his heirs for compensation could not be tried by the Motor Accident Claims Tribunal, but the heirs were entitled to get compensation under the provisions of the Workmen's Compensation Act. The deceased was driving the motor vehicle in question belonging to respondent No. 6 herein-Parsottambhai Mavjibhai Siyani of M/s. Shreeji Foundry in' the course of his employment The deceased was employed as a driver and was holding a valid driving licence. The vehicle was also insured and the insurance policy disclosed that the petitioner-Company had taken premium for insuring the driver's risk also and, therefore, the petitioner-Company was liable to pay compensation under the Workmen's Compensation Act.

(3.) IN the order dated 4.3.1999 while issuing notice on this revision application for final disposal, this Court clearly mentioned the order which the Court proposed to pass subject to hearing the parties to the present proceedings. It was also made clear in the order that if the respondents herein were agreeable to the proposed order being passed, they may not remain present before this Court. The notice was sent in Gujarat as directed by this Court earlier. The respondents are served accordingly.