ORIENTAL INSURANCE COMPANY Vs. SUBHANI BAI & ANR

JUDGEMENT

(1.) Being aggrieved by the award dated 4.5.2002, passed by the Commissioner for Worksmen's Compensation-cum-Labour Court, Jabalpur in Claim Case No.10/88, the the non-applicant-Insurance Company has filed this appeal under Section 30 of Workmen's Compensation Act.

(2.) The respondent No.1 claimant filed an application for compensation for the death of his son Seebu on 4.6.1987. The deceased was working as labourer in the truck bearing registration No.MKJ-5200. When he was unloading sand from the truck, the driver of the said truck drives the said truck, because of which deceased came under the wheel and died on the spot. It was stated that the deceased was earning Rs.600/- per month, therefore, on the application of respondent No.1, the learned Commissioner for Womksmen's Compensation awarded a sum of Rs.53,760/- against the owner/respondent No.1 and insurance company jointly and severally.

(3.) The Insurance Company/appellant challenges the above award on the ground that the learned Commissioner failed to appreciate that the Officer of the Company Shri A.K. Nigam has specifically stated that the aforesaid truck was not insured with the appellant. No policy/cover note was on record which indicates that the said truck was insured with the appellant-insurance company. Therefore, the appellant has prayed to set aside the impugned award and exonerate the appellant from the liability of payment of compensation.