NEW INDIA ASSURANCE COMPANY LIMITED Vs. NOORJAHAN BEGUM

JUDGEMENT

(1.) This C.M.A is preferred against the order of the Commissioner for Workmen's Compensation and Asst. Commissioner of Labour-IV in W.C. No. 11 of 2006 dated 24.1.2008.

(2.) The Counsel for the appellant mainly urged that the accident was not due to the rash and negligent driving of the driver of the auto and that the death was not during the employment of the deceased. He further urged that the deceased was not having valid driving licence at the time of the accident. In support of his arguments he placed reliance on a decision reported in Rashida Haroon Kupurade v. Div. Manager, Oriental Insurance Co. Ltd. and Others, 2010 AIR(SC) 1006 wherein the Supreme Court held that the employer is not liable to pay compensation when there is no nexus between death and accidents. He also relied on decision reported in Malikarjuna G. Hiremath v. Branch Manager, Oriental Insurance Co. Ltd. and Another, 2009 13 SCC 405.

(3.) The Counsel appearing for the respondent while submitting his arguments drawn the attention of the Court to the observation of the lower Court wherein it has clearly held that the death was during the employment of the deceased and therefore the Insurance Company should pay the compensation.