NEW INDIA ASSURANCE CO.LTD Vs. USHA DEVI

JUDGEMENT

(1.) These two appeals filed under Section 30 of Workmen's Compensation Act were heard together and are being disposed of by a common judgment. Learned counsel for the parties jointly stated that common questions of law and facts are involved in both the appeals.

(2.) Tractor bearing registration no. UP-25-B/8706 owned by the respondents no. 2 to 4 jointly was insured with the present appellant for own goods. The owners had employed two labourers, namely, Rakesh Kumar S/o Buddh Sen and Rakesh Kumar s/o Bihari Lal. The owners on 25th November, 1995 send the tractor along with aforesaid two labourers to bring sugarcane and when the tractor reached on Brijpuri railway crossing, a coming train hit the tractor which caused fatal injuries to aforesaid two labouers. They died during the course of employment and each one of them was getting Rs.1,800/- per month as wages. This led to filing two claim petitions being Case Nos. 49/WCA/99 and 50/WCA/99 before the Workmen's Compensation Commissioner.

(3.) Therein, besides the owners, Insurer-appellant herein were impleaded as respondents in the claim proceedings. They contested the claim petitions by filing separate replies. It was not disputed by the Insurance Company that the tractor in question was not insured with them on the fateful day. They came out with the case that the driver of the tractor was not holding valid and effective driving license. The insurance policy covers the risk of paid driver of the tractor only and it does not cover the risk of labourers of the said tractor. It was further pleaded that registration certificate of the vehicle in question would show that the sitting capacity of the said vehicle is only one.