NEW INDIA ASSURANCE CO LTD Vs. DUJIYA BAI

JUDGEMENT

(1.) THIS appeal by the New India Assurance Co. Ltd. , Jabalpur, under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as "the Act"), is directed against an order dated January 12, 1982, passed by the Commissioner for Workmen's Compensation, Jabalpur, in Case No. 34 of 1980.

(2.) ONE Asharam was employed on the truck belonging to respondent No. 5, Brijendra Kumar Tiwar. According to the claimants, in an accident, during the course of and arising out of employment, Asharam received fatal injuries. Asharam having died, his widow and minor children filed a claim petition. Asharam's monthly wages were Rs. 120. The appellant was admittedly the insurer. The Commissioner, by the impugned order, determined the compensation at Rs. 11,570. The appellant-assurance company has been held liable to pay this amount.

(3.) LEARNED counsel for the appellant contended that even though the appellant-assurance company may be ultimately liable to pay the amount of compensation as has been determined by the Commissioner, no order in that behalf could have been passed against it in the present proceedings. According to him, it would be the employer who would primarily be liable for the said amount of compensation, who, in turn, may take appropriate steps for recovering the said amount from the insurance company. He in this connection referred to Section 14 of the Act and placed reliance on the decision in R. B. Moondra and Co. v. Bhanwari, AIR 1971 Raj 111.