NEW INDIA ASSURANCE CO. LTD Vs. RAGDIBAI

JUDGEMENT

(1.) THIS is an appeal by the Insurance Company against the Award dated 25-4-1978 passed by the Commissioner for Workmen's Compensation. Ratlam (hereinafter called 'the Commissioner') in WC Case No. 25 of 1977 whereby the learned Commissioner has awarded Rs. 18,000/-as compensation and cost 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 by an accident while driving the tractor of the employer respondent No. 5 the insured.

(2.) THE claimants who are respondent Nos. 1 to 4 filed an application for compensation before the Commissioner against the appellant and respondent No. 5 on 16.7-1977, 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 19-3-1977 while driving the tractor of the employer. The respondent 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 applicant with whom the said tractor was insured.

(3.) THE learned Commissioner after according evidence came to the conclusion that the deceased Manaklal held a valid driving licence at the time of the accident and that he died in the course of his employment of respondent no. S and that the application for compensation against the appellant Insurance Company was maintainable and that he was competent to decide the question of breach of the policy conditions. The learned Commissioner by the order under appeal awarded an amount of Rs. 18,100/- as compensation and cost aforesaid, against the employer respondent no. 5 and held the appellant insurer liable for payment of the compensation award to the claimant. On the event of the said compensation amount not paid by 25-5-1978 by the Insurance Company, interest has been awarded at the rate of Rs. 6/- per annum on the amount of compensation as payable from 26-5-1978 till full payment.