NEW INDIA ASSURANCE CO LTD Vs. BAGDIBAI

JUDGEMENT

(1.) THIS is an appeal by the insurance company against the award dated April 25, 1978, passed by the Commissioner for Workmen's Compensation, Ratlam (hereinafter called "the Commissioner "), in W. C. Case No. 25 of 1977 whereby the learned Commissioner has awarded Rs. 18,000 as compensation and costs of Rs. 100 to be paid by the insurance company to the claimants who are legal representatives of the deceased driver, Manaklal, who died during the course of his employment in an accident while driving the tractor of the employer, respondent No. 5, the insured.

(2.) THE claimants, who are respondents Nos. 1 to 4, filed an application for compensation before the Commissioner against the appellant and respondent No. 5 on July 16, 1977, alleging that the deceased, Manaklal, who was employed by respondent No. 5 as a driver, died in the course of his employment due to the injuries sustained by him in an accident which occurred on March 19, 1977, while driving the tractor of the employer. Respondents Nos. 1 to 4, therefore, claimed a sum of Rs. 18,000 by way of compensation from the employer, i. e. , respondent No. 5, and the present appellant with whom the said tractor was insured.

(3.) THE appellant-insurance company resisted the claim on the ground, inter alia, that the Commissioner has no jurisdiction to pass an award against the insurance company under the Workmen's Compensation Act and the insurance company could not be impleaded as a party non-applicant. The appellant insurance company alleged that the deceased driver did not hold a valid and proper licence at the time of the accident and that since the employer, respondent No. 5, who was the owner insured in respect of the tractor, had committed a breach of the policy conditions and a contention in that regard had been raised by the appellant insurer, the Commissioner was not competent to decide the question of breach of condition of the insurance policy in respect of the tractor.