NEW INDIA ASSURANCE CO. LTD. Vs. KALABAI

JUDGEMENT

(1.) Appellant / Insurance Co. has filed this appeal under Sec. 30 of the Workmen's Compensation Act, being aggrieved by the order dtd. 17/5/2007 passed by the learned Commissioner for Workmen Compensation, (Labour Court), Ujjain in Case No.23/2002 W.C.F whereby disputing its liability to indemnify the amount of compensation on the ground that the thresher in which the deceased got injured and died was not insured beyond the scope of damage to the thresher. In other words there was no third party insurance for thresher, thus the Insurance Company is not liable to pay the compensation.

(2.) Short facts of the case are that the respondents No.1 to 7 are the legal heirs of the deceased Vikram. Vikram was employed with the owner of the vehicles which were insured by the appellant / Insurance Company, ie., tractor bearing registration No.MP. KA 2463 as well as the thresher. On 30/9/2001 in the night Vikram was working on the thresher. He was loading Soyabean in the thresher machine. The said thresher machine was being operated by the aforesaid tractor. While working on the machine an accident happened inasmuch as the hand of the Vikram was sucked into the machine because of which he sustained grievous injuries on his hand and head and resulting to those injuries he has died.

(3.) The respondents No.1 to 7 filed claim petition in terms of the provisions of Workmen's Compensation Act (now Employee's Compensation Act). The learned Labour Court after recording evidence in the matter concluded that Vikram at the time of accident was employed as a workman on the tractor having registration No.MP. KA 2463. The Labour Court then decided the issue regarding accident on 30/9/2001 in favour of the claimants holding that Vikram has died during work in the course of employment. It further decided that the deceased was earning Rs.2400.00 per month at the time of his death and after concluding that the Insurance Company is liable to pay compensation in terms of Sec. 4A of the Employee's Compensation Act direction was given for payment of compensation of Rs.2,68,000.00 with an interest of 9% per annum.