NATIONAL INSURANCE CO LTD Vs. LALARAM AND TWO

JUDGEMENT

(1.) The appellant Insurance Company has challenged the award dated 19.6.2010 passed by the Commissioner for Workmen's Compensation Act, Khandwa in W.C.N.F. Case No.25 of 2009 whereby the compensation of Rs.2,49,576/- is granted to the respondent no.1 and the appellant Insurance Company was also held liable for its payment along with the interest.

(2.) The respondent no.1 Lalaram has lodged a claim application before the Commissioner for Workmen's Compensation Act, Khandwa that he was resident of Village Gadbasai, District Alwar, Rajasthan. A tractor bearing registration no.RJ-2-RR-8688 which was fitted in the thresher and the respondent no.1 was working in that thresher for last 8-9 years at various places as per directions given by the respondent no.2. The tractor was insured in the name of the respondent no.3 and the respondent no.2 was the vehicle representative on behalf of the respondent no.3. On 7.10.2008 at about 8.00 a.m in the morning, the applicant was working in the field of one Balu Darbar according to the directions given by his employer. Suddenly the left hand of the applicant was pulled in the thresher and on his shouting the respondent no.2 switched off the thresher. The respondent no.2 took the applicant to Jain Hospital, Sanawad and ultimately the palm of the applicant was amputated. The applicant therefore, lodged an application for compensation before the learned Commissioner for Workmen's compensation at Khandwa.

(3.) The respondent no.2 in his reply has submitted that the tractor which was fitted by a thresher was borrowed by the driver and no labour was required to work on thresher machine. A cultivator who requires the help of that machine was required to arrange his own labours. Therefore, it is prayed that the respondent no.2 was not responsible for any claim. However, in alternate it was pleaded that the tractor was insured with the appellant for all agricultural purposes and therefore, Insurance Company was liable for that claim.