UNITED INDIA INSURANCE CO LTD Vs. UMED KUNWARBAI

JUDGEMENT

(1.) This is an appeal filed by Insurance Company under section 30 of Workmen's Compensation Act (for short "the Act") against an award dated 17.08.2005 passed by Commissioner in case No.W.C.F.25/01 .By impugned award, the Commissioner has partly allowed the claim petition filed by the respondents (claimants) under the Act and has accordingly awarded a total sum of Rs.3,89,000/- to the claimants for the death of one Lakhan. Facts in brief are these.

(2.) On 12.09.99, Lakhan a cleaner/helper working on tractor/trolley bearing number MP-09-M-2509/2510 belonging to Rl/NA-1 and in his employment on a monthly salary of Rs.4,000/-was going to the field of R-1 in night of 12.09.99 on the said tractor/trolley. It is at that point of time i.e. while he (Lakhan) was going on tractor/trolley alongwith one Santosh, some unknown miscreants came and attacked on Lakhan by sticks. The miscreants then looted money from Lakhan and put the tractor/trolley on fire. They then ran away. In this incident, Lakhan received severe injuries and later succumbed to them. It is this incident, which gave rise to filing of claim petition by the legal representatives of Lakhan (R-l to 4) under the provision of Workmen's Compensation Act against R-5 (NA 2) i.e.- his employer and appellant herein (NA-2) i.e. Insurer of vehicle in question before Commissioner. It was alleged in the claim petition that accident in question occurred while deceased was in the employment of R-5/NA-2 (Jujhar Singh) and it arose during the course of his employment i.e. while he (deceased) was going on the tractor/trolley in his capacity as cleaner/helper of the vehicle in question. It was, therefore, alleged that claimants being deceased's legal representatives are entitled to claim compensation for the untimely death of Lakhan who died in the course of employment and arising out of employment. It was further alleged that since the accident in question occurred while the vehicle in question i.e. tractor/trolley was in use or/and involved in the incident and hence the claimants are entitled to claim compensation from the Insurer of the vehicle i.e (appellant company) by taking recourse to the provisions of Motor Vehicle Act as also under the provisions of Workmen's Compensation Act. The case was contested by the non-applicants i.e. Insured (NA-1) and Insurer (NA-2). Parties adduced evidence. By impugned award, the Commissioner, Workman Compensation partly allowed the claim petition of claimants. It was held that deceased was in employment of NA-1 (Insured) as cleaner/helper and was attending the vehicle belonging to NA-1 at the time of incident. It was held that accident in question occurred during the course of his employment as also arose out of his employment with NA-1 (Insured) and that too when vehicle in question was in use. The Commissioner then worked out the compensation payable to claimants for the death of workman under the provisions of Workmen's Compensation Act and finding that vehicle was insured with appellant, awarded compensation against both i.e. Insurer and Insured. It is against this determination made by Commissioner by impugned award, the Insurance Company i.e. NA-2/Insurer has filed this appeal.

(3.) Heard Shri S.V. Dandwate, Advocate for appellant and Shri J.M. Punegar, Advocate for respondent No. 1 to 4 and Shri S. Verma, Advocate for respondent No.5.