MUMTAJBI Vs. NOOR MOHAMMAD

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 13. 11. 1995 of the Commissioner for Workmen's Compensation, Ujjain, passed in Case No. 5 of 1993 W. C. Fatal whereby while allowing the application of the applicant, he granted compensation of Rs. 83,192 with no order as to penalty and interest, in favour of the appellants; with further direction that payment has to be made by the owner of the vehicle and not by the insurance company.

(2.) UNDISPUTED facts of the case are that deceased Bhuru alias Salim, who was working as driver on Eicher truck No. 7109 has died. The respondent No. 1 was registered owner of the vehicle and the vehicle was in possession of respondent No. 2 who was taking work from the deceased on behalf of the respondent No. 1. Respondent No. 2 employed deceased Bhuru alias Salim.

(3.) RESPONDENT No. 3 is the insurance company with which vehicle was insured. There was a comprehensive insurance policy.