ORIENTAL INSURANCE CO. LTD Vs. TAKSHASHILA

JUDGEMENT

(1.) Being aggrieved by the order dated 25/11/2011 passed by Commissioner for Workmen's Compensation Cum Labour Court, Jabalpur in case No.128/2006 whereby claim petition filed by the respondents No.1 to 4 was allowed and compensation of Rs.3,98,800/-was awarded alongwith interest @ 12% p.a. w.e.f. 20/02/2005, present appeal has been filed. This appeal was admitted on the following substantial questions of law :-

(2.) Short facts of the case are that respondents No.1 to 4 file a claim petition before the learned Court below alleging that deceased/Nirpat Singh was driver on a truck bearing registration No.M.P.-23/DA/9185 which was owned by respondent No.5 and insured with the appellant. It was alleged that when the deceased was in the said truck at Nepal he was murdered by terrorist. It was alleged that since deceased was in the employment of respondent No.5 and death took place during course of the employment, therefore, claim petition be allowed and compensation be awarded. The claim petition was contested by the appellant on various grounds including on the ground that offending vehicle was having no permit on the date of incident and also deceased was having no valid license on the date when the incident took place to drive the offending vehicle at Nepal. It was alleged, that since the accident took place out of India, therefore, Court at Jabalpur is having no jurisdiction to decide the claim petition. It was prayed that claim petition be dismissed. After framing of issues and recording of evidence, learned Court below allowed the claim petition filed by the respondents No.1 to 4 and awarded the compensation against which the present appeal has been filed.

(3.) Learned counsel for the appellant argued at length and submits that the impugned order passed by the learned Court below is illegal, incorrect and deserves to be set-aside. It is submitted that as per proviso to Section 21 of Workmen's Compensation Act, 1923 learned Court below was not justified in allowing the claim petition filed by the respondents No.1 to 4. It is submitted that undisputedly incident took place at Nepal. It is submitted that since the incident took place during the course of employment, therefore, liability to pay the compensation is on the employer as the offending vehicle was being driven in violation of terms of policy. It is submitted that appeal filed by the appellant be allowed and the impugned order passed by the learned Court below be set-aside.