ORIENTAL INSURANCE CO LTD Vs. PURNA SHAW

JUDGEMENT

(1.) THIS appeal has been filed against the award of the Asstt. Labour Commissioner -cum -Commissioner for Workmen's Compensation, Orissa, Bhubaneswar directing payment of Rs. 79,693/ - as compensation to the claimant (respondent No. 1) and further directing the appellant to pay the compensation.

(2.) THE claimant filed an application before the Court below claiming compensation of Rs. 1,50,000/ - on account of death of deceased Sibpujan Shaw aged about 22 years in a motor vehicle accident which took place on 22.5.1993 on N.H. 5 near Remuna Golei at about 7'0 clock In the morning. The application discloses that the deceased was employed under respondent No. 2 Smt. Pabitar Khurana as a helper of the vehicle bearing registration No. NLA -5395 (tanker). The deceased received serious bodily injuries while he was going to bring kerosene oil, as per the order of the driver of the vehicle, being hit by a jeep. The deceased sustained severe injuries all over the body, as a result of which he succumbed to the injuries on 19.6.1993 in J.P. Hemani Memorial Hospital, Calcutta. Respondent No. 2 filed a written statement denying her liability on the ground that the deceased was not her employee and never worked as a helper in the said vehicle, and at the same time, took up a positive stand that the said vehicle was validly insured with the present appellant. The present appellant filed written statement denying the allegation made in the claim petition and denied its liability for payment of compensation.

(3.) MR . A.K. Mohanty, learned Counsel for the appellant submits that the evidence of P.Ws. 1 and 2 clearly indicate that they had not seen the deceased either going for purchasing kerosene or purchasing spare parts. He further submits that the evidence of witnesses examined on behalf of the claimant are full of contradictions and cannot be relied upon. On the other hand, evidence of O.P.W. 1 and O.P.W. 2 are consistent and there is no reason why the Commissioner ignored the same. It is also submitted by Mr. Mohanty that claim application was filed when the deceased was alive and there is no evidence of any doctor stating that the injuries sustained by the deceased are the cause of death of the deceased. There is no evidence to establish the nexus between the injuries and death. Relying upon a decision of this Court in M.A. No. 612/94, Oriental Insurance v. Saudamini Bank dispose of on 28.1.1998, Mr. Mohanty submits that the Insurance Company is not liable to pay the compensation. He further submits that in absence of any evidence to the fact that the deceased had been engaged by the respondent No. 2 as a helper in the said vehicle it cannot be said that he had been employed under respondent No. 2 and that the Insurance Company is liable to indemnify risk.