ORIENTAL INSURANCE COMPANY LIMITED Vs. MAYAWATI AND ORS.

JUDGEMENT

(1.) BY way of present appeal, the appellant - Oriental Insurance Company Limited, challenges the judgment and order dated 26th December, 1996 in the matter of application under Section 4 read with Section 22 of Workmen's Compensation Act, 1923 passed by the learned Commissioner, Under Workmen's Compensation Act.

(2.) THE brief facts, which give rise to filing of the present appeal, can be summarized as under: - -

(3.) PER contra, Shri Dey, the learned Counsel appearing on behalf of the respondents supported the order of the learned Commissioner. It was the submission of Shri Dey that the Workmen's Compensation Act being the beneficial legislation, the claimants are entitled to the benefits under the Act and the technicalities should not cause hindrance for the benefits to the workmen/employees. He submitted that though it is the primary responsibility of the employer as the employer paid no heed to the demand of the applicants, the vehicle which was insured with the appellant (non -applicant No. 2) and the policy was valid on the date of accident, the burden of payment of compensation shifted upon non -applicant No. 1. Shri Kukday, the learned Counsel for the appellant, in support of his submission, placed reliance on the judgment of the Apex Court in the case of Kerala State Electricity Board and another v. Valsala K. and another (reported in II : (1999) ACC 656 (SC)).