KAMRUNNISA Vs. MANOJ

JUDGEMENT

(1.) This appeal has been filed on behalf of the appellants-claimants with a prayer that in this case the insurance company, i.e., respondent No. 3, be direct ed to make the payment of compensation, who may be authorised to recover the money from respondent Nos. 1 and 2, who have been burdened with liability.

(2.) According to the appellants, the claim petition was filed by the legal heirs of the deceased Jafar, who was working as a driver in auto rickshaw bearing No. MP 09-KA 1728 on monthly salary of Rs. 4,000. On 19.3.2005, when the deceased was driving the auto rickshaw and had come back after leaving the passengers and reached near Central Kotwali Police Station, there was some discussion between the deceased and the police who wanted to challan him. Because of that, he became serious and was taken to MY Hospital, Indore. The appellant expired while being in hospital. No F.I.R. of the case was registered yet the legal heirs of the deceased Jafar claimed compensation from his employer and consequently from the insurance company also. The Workmen'sCompensation Commissioner awarded a sum of Rs. 3,38,880 to be paid by the respondent No. 1 but it is the submission of the appellants that this liability should have been fastened on the insurance company inasmuch as the deceased was not disqualified for driving the auto rickshaw.

(3.) The appellants submit the following questions of law which arise in this case: