BISESAR Vs. GOVIND OIL MILL

JUDGEMENT

(1.) Misc. Appeal No. 186 of 1994 has been filed against the order dated 10.1.1994 passed in Case No. 8 of 1990 by Commissioner for Workmen's Compensation. A sum of Rs. 10,500 was ordered to be paid to Bisesar, or else the interest at the rate of 6 per cent per annum would be recoverable, over the said amount. Misc. Appeal No. 211 of 1994 has been filed by Bisesar on the ground that penalty and interest ought to have been ordered to be paid as per the provisions of section 4 of the Workmen's Compensation Act. Bisesar, who is appellant in Misc. Appeal No. 211 of 1994, had filed claim petition before the Commissioner for Workmen's Compensation, Rajnandgaon under the provisions of Workmen's Compensation Act. Deceased Dasru, the father of appellant in Misc. Appeal No. 211 of 1994 was working as a coolie in Govind Oil Mill, Rajnandgaon. On 10.10.1979 in the night hours while deceased Dasru was on duty in the said oil mill, he died an accidental death. At the time of accident, deceased was aged about 30 years and was receiving the salary of Rs. 450 per month, Govind Oil Mill was insured with National Insurance Co. Ltd., Rajnandgaon. A sum of Rs. 21,000 was claimed along with interest and penalty.

(2.) Govind Oil Mill, the non-applicant No. 1 in M.A. No. 211 of 1994 contended in the reply that claim petition was filed belatedly and the same was dismissed in default of appearance. However, it was held that deceased was a workman and he died during the course of employment. The liability was held to be that of the insurer to pay the compensation.

(3.) The insurer National Insurance Co. Ltd. also filed its reply and contended that intimation of the accident was given to the insurer with respect to the death of Dasru. Insurance company further contended that Govind Oil Mill was insured with respect to Dasru for the period between 20.7.1979 and 19.7.1980 and premium of Rs. 228 was paid to it. The insurance company could be held liable only to the extent of its proportionate liability.