NATIONAL INSURANCE CO. LTD Vs. SHANTIDEVI

JUDGEMENT

(1.) BEING aggrieved by the order dated 29-1-2007 passed by Commissioner of Workmen's Compensation, Labour Court, Indore in Case No. 11/2004 whereby the claim petition filed by respondent Nos. 1 to 7 for compensation on account of death of Krishnaprasad was allowed and a sum of Rs. 1,84,170/- was awarded as compensation, the present appeal has been filed.

(2.) THE appeal is admitted for final hearing on the following substantial question of law :

(3.) THE claim petition was contested by respondent No. 8 and also by the appellant on various grounds including on the ground that appellant-Insurance Company is not liable for payment of compensation. In reply it was alleged that since the offending truck was missing, therefore it cannot be presumed that Krishnaprasad has died. It is just possible that Krishnaprasad must be alive and living somewhere else. It was alleged that since it is not proved that Krishnaprasad has died in a motor accident, therefore appellant-Insurance Company is not liable for payment of compensation. In the plea raised in the written statement it was also alleged that appellant has appointed an investigator, after receipt of the investigation report, appellant is keeping its right reserved to amend the written statement. It was prayed that claim petition filed by respondent Nos. 1 to 7 be dismissed.