CHABU Vs. BALAJI

JUDGEMENT

(1.) The present appeal is preferred under Sec. 30 of the Employees' Compensation Act, 1923 (for short, "the said Act") by claimants challenging judgment and award dtd. 10/4/2019 passed by learned Commissioner, under Employees' Compensation Act, Labour Court at Chandrapur (learned Commissioner) in Case No.W.C.A.16/2014 holding the respondent No.1 (owner of vehicle) liable to pay compensation and exonerating the respondent No.2 (Insurance Company) from the liability.

(2.) Facts in brief are that Vasanta Maroti Kodape (deceased) was working with owner of vehicle as a labour since more than 2 years. He was getting Rs.5200.00 per month as wages excluding other allowances. The applicant No.1 is widow and applicant Nos.2 and 3 are minor sons of the deceased. On 10/5/2014, the deceased was under the employment of non-applicant No.1 and was working on tractor bearing No.MH-34-L-3919 having its trailer No.MH-34-L-3920 owned by the non-applicant No.1. The said tractor was driven by Ajay Satpute in a zigzag and in a rash and negligent manner due to which the deceased who was sitting in the tractor was thrown from the tractor and fell down on the road. As the deceased was thrown on the ground, he sustained multiple injuries and died.

(3.) As per contentions of claimants, the deceased died in an accident which was occurred due to rash and negligent driving of the tractor driver during and in the course of employment. It is further contended that at the time of accident, the deceased was 40 years of age and getting Rs.5200.00 per month and, therefore, they have claimed compensation Rs.4,78,842.00 along with interest @ Rs.12.00% per annum and 50% penalty. The owner of the vehicle is employer and the offending vehicle was validly insured with the Insurance Company. Thus, the contention of the claimants is that as the said accident took place due to the rash and negligent driving of the tractor driver, during course of employment, the owner of the vehicle and the Insurance Company are jointly and severally liable to pay compensation.