UNITED INDIA INSURANCE COMPANY Vs. RAJENDRA KUMAR JAIN

JUDGEMENT

(1.) THIS appeal under Section 30(1) of the Workmen's Compensation Act, 1923 (in short "W.C. Act") has been filed on behalf of the appellant/Insurance Company, whereby the liability to pay compensation has also been fastened upon the Insurer alongwith employer of the deceased.

(2.) THE factual aspect of the matter has been found to be proved by learned Commissioner. Indeed deceased Manoj Kumar Jain was under the employment of one Subhash Chand Jain and was driving the tempo according to the direction given by his employer. During the course of his employment, an accident had occurred since the deceased was stabbed by some antisocial element. Thus, the only question which is to be decided in this appeal is whether the deceased who has been stabbed and killed, his death would amount to an accident arising out of and during the course of employment. The other factual aspects of the matter have been found to be proved and the emphasis which has been put-forth by learned counsel for appellant is to aforesaid question only.

(3.) THE question now hinges as to whether the respondent no.2/owner is also liable to pay compensation. The contention of learned counsel for the appellant is that the Insurer never insured the deceased in regard to death which resulted on account of murder. The policy has not been filed by the Insurer. Learned counsel for appellant frankly submitted that copy of policy is always with the Insurer and therefore it should have been filed by the Insurer in order to take out the grain from the chaff. If policy had been on record, certainly sufficient light would have been thrown whether it covers the risk of murder or not. The blank forms of policy (Ex.D/1) have been filed but it would not clear the picture. I have already held hereinabove that murder which has taken place during the course of employment would come within the ambit and sweep of accident arisen out of and during the course of employment and therefore employer/respondent no.2 is liable to pay compensation to the claimants. Since the policy is not on record and therefore in order to ascertain whether the policy covers the murder or not, an opportunity is provided to the Insurer to file it before the learned Commissioner. After the policy is submitted and proved by examining some competent witness the Commissioner shall be free to decide whether present appellant/Insurer is also jointly and severally liable to pay compensation or not.