NEW INDIA ASSURANCE CO LTD Vs. BISMILLA BI

JUDGEMENT

(1.) THE appellant, the New India Assurance Company Ltd. , has filed this appeal under Section 30 of the Workmen's Compensation Act, 1923, against an award dated September 8, 1977, passed by the Commissioner for Workmen's Compensation, Indore, in W. C. Case No. 29 of 1976 whereby he has awarded compensation of Rs. 19,200 plus costs and interest against the appellant as also respondent No. 4, Abdul Wahid, in whose employment the deceased, Aziz Khan, was working as a truck driver on a monthly salary of Rs. 420 per month and of whom respondents Nos. 1, 2 and 3 are the dependants and legal representatives who had claimed compensation.

(2.) THE facts giving rise to this appeal may be stated, in brief, as under : The deceased, Aziz Khan, was working as a truck driver with respondent No. 4, Abdul Wahid, on a monthly salary of Rs. 420. Respondent No. 1, Bismilla Bi, is the widow and respondent No. 2, Rauf Khan, and respondent No. 3, Yunus Khan, are his sons. On April 13, 1976, the deceased, Aziz Khan, while driving the truck MPM-4315 from Burhanpur to Indore, during his employment, met with an accident on the Bombay-Agra road near Janapav Kuti at about 10 a. m. while trying to save a bullock cart, in which the truck turned turtle and on account of the said accident, the deceased died. Respondents Nos. 1 to 3 as claimants filed the petition claiming compensation to the tune of Rs. 21,000 against respondent No. 4, Abdul Wahid, as also the appellant, the New India Assurance Co. Ltd. , with whom the said truck was insured as per policy, Ex. D. 1, dated March 22, 1976.

(3.) RESPONDENT No. 4, Abdul Wahid, the principal employer, though served, remained ex parte as he did not file any written statement. However, the appellant contested the claim mainly on the ground that the deceased was not in the employment of respondent No. 4, Abdul Wahid, when the accident took place. They also contended that the petition against the appellant was not maintainable under the provisions of the Workmen's Compensation Act : that respondent No. 4 violated the terms of the policy and did not satisfy the appellant that the deceased was working with him as a truck driver : that the deceased did not have a driving licence and that in case any award is to be passed against the appellant, the compensation could be awarded only to the tune of Rs. 9,000 as per unamended Schedule 4 of the Workmen's Compensation Act, 1923.