ORIENTAL INSURANCE COMPANY LIMITED Vs. S BABAIAH

JUDGEMENT

(1.) This appeal is filed by the Oriental Insurance Company, which is the second respondent in W.C.No.1 of 1991 on the file of the Commissioner for Workmen's Compensation, Ranga Reddy District, questioning the orders dated 28-11-1992, by which compensation was awarded to the two claimants, who are Respondents 1 and 2 in this appeal, and directing the Insurance Company also to pay such compensation.

(2.) Respondents 1 and 2 herein filed the petition in W.C.No.1 of 1991 before the Commissioner for Workmen's Compensation, Ranga Reddy District claiming compensation on account of the death of their deceased son in a motor vehicle accident involving the Tractor bearing No.AAG 5273. The Commissioner for Workmen's Compensation has come to the conclusion that the deceased was an employee under the 4th respondent herein, who was the third respondent before him, at the time of accident; that the accident took place on account of rash and negligent driving of the said Tractor by its driver and that, therefore, the claimants are entitled for compensation. He awarded a total compensation of Rs.90,552.00 and directed the 4th respondent herein as well as the appellant/ Insurance Company to pay such amount The claimants and the 4th respondent herein have not questioned the award. The Insurance Company has, however, filed this appeal questioning its liability on the ground that the insurance policy was issued by it only in favour of the third respondent herein, who was the owner of the above said Tractor at the time when the insurance policy was issued; that the deceased was not an employee under the third respondent at the time of accident and that, therefore, the Insurance Company is not liable to pay the compensation.

(3.) Heard both the Counsel.