NEW INDIA ASSURANCE Vs. SAMBARI MUNDA

JUDGEMENT

(1.) THIS Miscellaneous Appeal is filed under Section 30 of the Workmens Compensation Act, 1923 by the Insurance Company challenging the judgment dated 6.9.1995 passed by the Commissioner for Workmens Compensation -cum -Asst. Labour Commissioner, Cuttack in W.C. Case No. 197/J/1994.

(2.) W .C. Case No. 197/J of 1994 was filed by the legal heirs of deceased Kanhu Munda who was working as a Coolie in a Truck bearing Registration Number ORY 696. Admittedly, respondent No.5 (Opp.Party No.2 in Court below) is the owner of the said truck. Kanhu Munda expired in an accident while he was travelling in the truck in question on 8.3.1994. According to the claimants the death occurred out of and in course of employment of Kanhu Munda as a Coolie in the Truck. The further case of the claimants is that the deceased was earning Rs. 900/ - towards his wages per month and he was about 22 years old at the time of his death. The owner and the insurer of the truck who were impleaded as Opp.Parties 1 and 2 respectively appeared before the Commissioner and filed their written statements separately. The owner in his written statement admitted the accident, consequential death and wages of the deceased, but disputed his age. He also produced the Insurance Policy covering the risk of the vehicle and employees indicated therein and prayed that the claim amount should be indemnified by the Insurance Company -Opp.Party No.2. Opp.Party No.2 in his written statement badly denied all the allegations made by the claimants and called upon them to prove the accusations by adducing cogent evidence.

(3.) THE learned Commissioner after vivid discussion of the evidence, came to a categorical conclusion that the deceased was working as a Coolie in the Truck bearing registration number ORY 696 ; that Opp.Party No.1, Purna Ch. Das was the owner of the said Truck ; that the deceased was receiving a sum of Rs.900/ - per month towards wages; he was 22 years old when the accident took place; the death occurred out of and in course of his employment; and that the vehicle was insured with the New India Assurance Company Ltd. On the basis of the aforesaid findings, the Commissioner awarded a sum of Rs.79,693/ - towards compensation and directed that the said amount shall be paid by the Insurance Company.