NEW INDIA ASSURANCE COMP.LTD Vs. KAMTA PRASAD

JUDGEMENT

(1.) This appeal is filed under Sec. 30 of the Workmen's Compensation Act, 1923 being aggrieved of award dtd. 29/3/2004 passed by learned Commissioner under Workmen's Compensation Act Labour Court, Sagar in Case No.17/99/WC Fatal on the ground that deceased Devendra Kumar Raikwar was aged about 16 years and, therefore, he was not entitled to drive Jeep No.MP15-W-0463, which was owned by Saligram and Smt.Kamla Bai and the aforesaid has been overlooked by the Labour Court. Though it has come in the evidence of Claimant Witness that his son studied upto Class-VI and on the date of the accident, his age was 16 years, yet overlooking this evidence, the compensation has been awarded in his favour. The driving licence, which was produced, is a fake one and, therefore, no exhibit was marked over it. The accident took place on 1/7/1998. No date of birth is mentioned in the so called driving licence. When the deceased studied upto Class-VI then his mark sheet could have been produced to verify his date of birth and to ascertain as to whether he was major on the date of the accident or not.

(2.) Since no mark sheet is produced and there is admission that at the time of the death, deceased Devendra Kumar Raikwar was 16 years of age as is mentioned in the postmortem report also, the Labour Court erred in considering him to be a workman and awarding compensation in favour of the claimants and against the Insurance Company.

(3.) As far as the compensation is concerned, if the owners of the offending vehilce employed a minor then then cannot aspect from their liability and when this fact is taken into consideration then the direction of the Labour Court to the Insurance Company to pay the amount of compensation and make recovery from the owners of the offending vehicle cannot be faulted with especially in view of the law laid down by the Apex Court in Pappuu and Others versus Vinod Kumar Lamba and Another (2018) 3 SCC 208 and, therefore, it is directed that the Insurance Company shall stand exonerated. However, the Insurance Company will pay the compensation in favour of the claimants and will be entitled to recover the same from the owners of the offending vehicle.