THE ORIENTAL INSURANCE COMPANY LTD Vs. DAIVSHALA

JUDGEMENT

(1.) CHALLENGE in this appeal by original respondent no.2, The Oriental Insurance Company Ltd. is to the judgment and award passed in W.C.A.No.28 of 2005 by the learned Jt.Civil Judge, S.D. 2 on 26/06/2009, by which the appellant was directed to deposit an amount of Rs.3,26,140/alongwith interest @ 12% p.a., from 22/05/2003 i.e. after one month of incident till its realization.

(2.) ADMIT. By consent of the parties, heard finally at this stage.

(3.) PERUSAL of the record and proceedings received from the Lower Court shows that the learned Lower Court has framed the issues at Exh.21 and the parties were put for trial. Record and proceeding further shows that during the proceeding before the Lower Court, respondent no.1 examined herself and tendered the relevant documents in respect of FIR registered at Crime No.45/2003. As against this, respondent no.7 examined one Sarjerao Maruti Gaikwad and tendered extract of monthly attendance register for the month of April 2003. Copy of the Insurance Policy was also produced at Exh. 41 and it is not under dispute that it is general insurance policy of the employees of respondent no.7 sakhar karkhana for the purpose of Workmen?s Compensation, for the period 01/04/2003 to 31/03/2004. Considering the evidence led by the parties before the Trial Court, learned Lower Court answered issue no.8 in the affirmative and held that the appellant and respondent no.7 are jointly and severally liable for the compensation in the sum of Rs. 3,26,140/- alongwith interest by holding that the deceased died during the course of employment and hence appellant & respondent no.7 are jointly and severally liable for compensation claimed by respondent no.1 to 6. That judgment and order is impugned in this appeal challenged by the Insurance Company. At this stage, it is to be noted that the judgment and award passed by the learned Lower Court is not challenged by respondent no.7, the sakhar karkhana.