SHARMA S D Vs. RAMESH MAHAKUD

JUDGEMENT

(1.) THESE three appeals by the employer under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') arise out of the same accident. All the three appeals having arisen out of the common order, they are heard together and are disposed of in this common judgment.

(2.) TRUCK bearing registration No. ORJ 4474 belonging to the appellant risk of which covered by respondent No. 2, the insurer, under terms of the policy was returning from Raxding to Nadidih mines on April 15, 1982. Bahadur Munda, Ramesh Mahakud and Mangal Munda were travelling in the truck. Near Jamdih, truck met with an accident. Bahadur and Mangal sustained fatal injuries and Ramesh was injured. Bahadur and Ramesh were coolies in the truck whereas Mangal was driver of another truck belonging to the appellant. Widows of deceased Bahadur, deceased Mangal and Ramesh himself claimed compensation under the Act on account of deaths and injuries respectively. Since the risk in respect of the truck in which they were travelling was covered under a policy issued by the insurer to the owner, insurer was called upon to show cause why liability would not be fixed on it to pay the compensation amount.

(3.) COMMISSIONER awarded compensation to the claimants and directed payment of interest at 6 per cent per annum and penalty at 25 per cent of the awarded amount. He directed insurer to pay compensation amount to Ramesh, the injured workman and widow of Bahadur, the deceased workman. He, however, directed the owner appellant to pay compensation determined to the widow of Mangal. Interest and penalty were directed to be paid by the owner also. This is the grievance of owner apellant in these three appeals.