NATIONAL INSURANCE CO. LTD Vs. LALARAM

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 appellant/Insurance Company in its reply has submitted that the applicant did not submit any document to show his employment and salary. No intimation of an accident was given by the vehicle owner and therefore, the Insurance Company was not liable for payment of any compensation. It was also pleaded that the Insurance Company would take the appropriate defence if it is found that the vehicle was insured with it. However, no specific defence in the written statement was taken thereafter by the Insurance Company.