NEW INDIA ASSURANCE CO LTD Vs. SHANTIBAI KANHAIYALAL

JUDGEMENT

(1.) This common order governs the disposal of the appeals detailed below:-

(2.) At the relevant time Truck No. MOU- 551 owned by respondent Abdul Rajjak was insured with the appellants New India Assurance Co. Ltd. Kanhaiyalal was its driver and Firoz Khan its cleaner. They were employed by Abdul Rajjak. On 11-11-1994 during the course of their employment while they were transporting Soyabeen through the said truck, some unknown miscreants waylaid them and the consignment was looted and both of them were lynched. The legal representatives of the deceased persons preferred separate claim petitions under the provisions of Section 10 of the W.C. Act exercising the option as allowed by Section 167 of the Motor Vehicles Act, 1988 (hereafter "M.V. Act, 1988"). In these claims Abdul Rajjak did not file written-statements, and only the appellants filed their written- statements. "The learned Workmen's Compensation Commissioner in Case No. 5/95 awarded Rs. 87,388-00 along with 12% interest from the date of incident and directed for 25 % penal interest in the event of default in payment within 90 days and likewise in Case No. 6/95 compensation awarded was Rs. 87,980-00. Hence, these appeals by the Insurers.

(3.) Material factual matrix of Misc. Appeal no. 1507 of 2000 is that Truck No. MP-09/ D-3817 was at the relevant time owned by respondent Gurubachansigh and insured by respondent New India Insurance Co. Ltd. One Sunderlal Sharma was employed on the said truck as driver by its owner. During the course of his employment, on 14-11-1995 Sunderlal Sharma died in the truck. The legal representatives of Sunderlala Sharma preferred claim under Section 10 of the W.C. Act. Respondent Gurubachan Singh resisted it on the ground that the deceased took the truck to wrong destination and abandoning it there left for a place not yet known as his whereabouts are not known since then. The legal representatives in their greed to get compensation claimed the deed body of driver Kanhaiyalal of Truck No. MOU-551 and preferred a concocted baseless claim. The respondent Insurer raised the plea of absence of effective driving licence with Sunderlala Sharma. The learned Workmen's Compensation Commissioner at the conclusion of the inquiry held that Sunderlal Sharma did not die on 14-11-1995 and he was alive uptil 12-6-1996, therefore, it dismissed the claim. Hence, the appeal by his legal representatives.