LATTU RAM Vs. SHIVAJI RAO PHALKE

JUDGEMENT

(1.) THIS is an appeal under Section 30 of the Workmen's Compensation Act against the order dated 10.5.1996 passed by the Presiding Officer, Labour Court No. 2 in Case No. 16 of 1994, WCA (Fatal).

(2.) THE facts leading to file this appeal are that an accident had occurred in which the appellant's son Karansingh aged 22 years died. It is alleged that Karansingh was sitting in the truck No. MKW 7699, as he was working as a labourer. The claim was preferred before the Presiding Officer, Labour Court No. 2 for compensation on account of death by the appellant Lattu Ram and alongwith the claim an application for interim award on the ground of no -fault liability was also filed. The Claims Tribunal (sic. Commissioner) allowed the same and directed the interim award to be paid by the respondent No. 1 exonerating the respondent No.2. Having been aggrieved by the said order, the appellant has preferred this appeal under Section 30 of the Workmen's Compensation Act on the ground that respondent No. 2 has wrongly been exonerated.

(3.) LEARNED Counsel placed reliance on a decision in Motor Owners' Insurance Co. Ltd. v. Jadavji Keshavji Modi 1981 ACJ 507 (SC), that the liability of the insured and, therefore, the insurer's indemnity includes the liability under the Workmen's Compensation Act. Learned Counsel also relied on a decision of this Court in Dwarika v. Biso It is a case of death of a passenger travelling on a tractor and the Tribunal has exonerated the Insurance Company from no -fault liability on the ground that the deceased was travelling oh the tractor and he was not a third party and this Court held that the Tribunal is not bound to enquire at this stage as to sustainability or otherwise of the objections raised by the Insurance Company. This observation is contained in para 15 of the judgment.