ORIENTAL INSURANCE CO LTD Vs. KUSHA DALABEHERA

JUDGEMENT

(1.) This appeal is directed against the award passed by Commissioner for Workmen's Compensation-cum-Assistant Labour Commissioner, Angul, in W.C. Case No. 34 of 1997.

(2.) The facts involved in this appeal are stated below. The claimant's son Bikram Dalabehera was employed as a driver in Golden Aqua Firm, Balasore, whose proprietor was one Swarup Kumar Das, present respondent No. 2. While said Bikram Dalabehera was driving the vehicle bearing engine and chassis No. DU 66867, a jeep belonging to respondent No. 2, it met with an accident on 24.6.1997 near Basta at 12.30 p.m. as it collided against another jeep bearing No. WB 34-A 7999 which was coming from the opposite direction, as a result of which said Bikram Dalabehera sustained severe bleeding injuries and was immediately shifted to Rupsa Primary Health Centre and thereafter to the S.C.B. Medical College and Hospital, where he died on 30.6.1997. The jeep in question was insured at the time of accident. The claimant, who is the father of said Bikram Dalabehera, filed an application claiming Rs. 2,50,000 as compensation. It was claimed in the application that the deceased was getting Rs. 2,500 besides daily allowance of Rs. 25 and was aged 22 years at the time of accident.

(3.) The owner who was arrayed as the opposite party No. 1 before Commissioner filed his written statement whereby he admitted that the deceased was employed as a driver at the time of accident. It was also indicated that the vehicle was covered under a valid insurance policy cover note No. A/3631125. The insurance company, who was arrayed as opposite party No. 2 had disputed the entire case and also the driving licence of the deceased driver.