NEW INDIA ASSURANCE CO LTD Vs. PAPPUSINGH

JUDGEMENT

(1.) The appellant, New India Assurance Co. Ltd. (hereinafter referred to as insurance company for convenience) is hereby assailing the correctness, propriety and legality of the award passed by Commissioner for Workmens Compensation, Ratlam in Case No. 9/WCNF/91 by which compensation to the tune of Rs. 56.000A plus 28,000/- has been granted to the respondent along with interest at the rate of 6% per annum from the date of accident.

(2.) Few facts need to be stated for unfolding the matter. The claimant Pappusingh was in service of respondents 2 and 3. On 21.2.91 he was driving the tractor bearing No. MP-13- A-5230 belonging to respondents 2 and 3 When he was driving the said iractor and was passing by the road leading to Bhamori from Lunera, the tractor turtled and respondent Pappusingh got under it resulting to serious injuries to him. Those injuries resulted in amputation of his right leg in an operation which was performed in M. Y. Hospital, Indore. A report was lodged in respect of said accident which is Ex. P-7. A notice was given by respondent No. 1 to respondents 2 and 3 and the appellant in respect of said accident and the disability caused to respondent No. 1 on 18.7.91. The respondents 2 and 3 and the appellant had received the said notice. There is no dispute about that. There is no dispute that the said tractor belonging to respondents 2 and 3 and was insured with the appellant. There is no dispute that on the date of the said accident respondent No. 1 was in service of respondents 2 and 3 and he was driving the said tractor during discharge of his duty as employee of respondents 2 and 3.

(3.) The parties contested the claim before the Workmen Compensation Commissioner who after appreciating the evidence on record concluded that the said accident took place when respondent No. 1 was driving the said tractor as employee of respondents 2 and 3. The Commissioner held that respondent Pappusingh sustained accidental injuries in the said accident which resulted in amputation of his right leg in operation performed on him in M.Y. Hospital, Indore and he sustained 100% disability on account of that. The Commissioner held that appellant and respondents 2 and 3 were jointly and severally liable to pay an amount of Rs. 56,000/- as compensation to respondent No. 1 Pappinsingh. The Commissioner also held that appellant and respondents 2 and 3 were in default in paying the amount of compensation to respondent No. 1 as soon as it fell due. Thus, on account of this default the Commissioner imposed penalty on the appellant and directed to pay 50% of said compensation amount as penalty. The interest was in indicated as 6% per annum on the amount of compensation from the date of accident.