NEW INDIA ASSURANCE CO LTD. Vs. HARDEI

JUDGEMENT

(1.) Heard learned counsel for the appellant-New India Assurance Co. Ltd.

(2.) By way of this appeal, the appellant has challenged the judgment and award dtd. 31/3/2004 passed by Workmen's Compensation Commissioner, Bareilly, in Case No.156/ WCA/ 2002 awarding compensation of Rs.3,06,620.00.

(3.) Learned Counsel for the appellant - Insurance Company submits that according to the statement of the owner, deceased had taken the vehicle to the workshop for repairing and servicing but he had taken the vehicle in question to Delhi and Meerut with other five persons without his permission and as such his death would not be taken to be caused arising out of and in the course of his employment at the time of accident. The driver had licence to drive only motorcycle and LMV (Pvt.) whereas jeep was insured for taxi purposes and as such it was driven in violation of policy.