NATIONAL INSURANCE COMPANY Vs. URMILA JENASAMANTA

JUDGEMENT

(1.) HEARD Shri N.C. Misra for the appellant, Mr. J.K. Katikia for respondent Nos. 1 to 3 and Mr. P.P. Ray for respondent No. 5.

(2.) IN this appeal under Section 173(1) of the Motor Vehicles Act, 1988 the instance of the insurer is directed against the judgment passed by the Asst. Labour Commissioner -cum -Commissioner for Workmen's Compensation, Orissa, Bhubaneswar, in Workmen's Compensation Case No. 51/98, allowing the claim for compensation in part to the extent of Rs. 1,97,060/ - and saddling the liability of payment of the aforesaid amount of compensation on the insurer, i.e., the present appellant.

(3.) THE Workmen's Compensation Commissioner framed as many as three issues and came to find that the deceased being the driver of the vehicle was a workman within the meaning of the Workmen's Compensation Act and the accident arose out of and in course of employment and the legal dependents of the deceased are entitled to get compensation. The Workmen's Compensation Commissioner assessed the compensation at Rs. 1,97,060/ - and saddled the liability of payment of compensation on the insurer of the vehicle, i.e., the present appellant, as the policy of insurance was valid covering the date of the accident and the deceased had a valid and effective driving licence at the time of the accident.