NATIONAL INSURANCE CO LTD Vs. ROHTI

JUDGEMENT

(1.) IN this appeal preferred under section 30 of the Workmen's compensation Act, 1923 (for brevity 'the act'), the insurer, National Insurance Co. Ltd. , has called in question the defensibility and pregnability of the award dated 24. 5. 2006 passed by the Commissioner for workmen's Compensation-cum-Labour court, Khandwa in Claim Case No. 28 of 2004.

(2.) THE facts which are essential to be stated for disposal of this appeal are that on 23. 2. 2004 one Krishna Kumar aged about a score and one, son of respondent nos. 1 and 2, working with respondent No. 3 as a second driver in truck No. HR 38-G 7165 on the monthly salary of Rs. 4,000 and daily allowance of Rs. 50 while changing the tyre of the truck which had got punctured near R. T. O. barrier in village sendhwa another truck bearing registration no. RJ 6-R 3275 stopped at some distance on the bridge and there was a blast. In the said blast the stones got scattered in the air and few stones hit the head of said Krishna kumar as a consequence of which he sustained grievous injuries and was taken to the hospital where he breathed his last. Because of this death the respondent Nos. 1 and 2 filed a claim petition under the provisions of the Act claiming compensation to the tune of Rs. 4,50,000 including 50 per cent penalty and interest at the rate of 12 per cent per annum.

(3.) THE respondent No. 3, the owner-employer of said Krishna Kumar remained ex pane. The insurer rebutted the claim of the claimants and denied its liability to pay compensation on the ground that no accident had taken place with the use of the truck in question and hence, claim petition was not maintainable under the provisions of the Workmen's Compensation Act.