UNITED INDIA INSURANCE Vs. M MANGAMMA

JUDGEMENT

(1.) IN this appeal under Section 30 of the Workmen's Compensation Act by United India Insurance Company Ltd., Bhubaneswar, judgment of Commissioner for Workmen's Compensation and Joint Labour Commissioner, Jeypore (for short 'the Commissioner') in W.C. Case No. 30 of 1997 awarding a sum of Rs.1,32,822/~ towards compensation in favour of Claimants is called in question.

(2.) CLAIMANTS who are Respondents 1 and 2 herein made application to the learned Commissioner claiming compensation on account of death of deceased M. Santosh who died in motor vehicle accident while working as helper in the truck bearing registration No. OR -10 -5391 owned by Respondent No. 3 herein.

(3.) APPEARING for appellant, learned counsel Shri A. K. Mohanty has contended that appellant is not liable to indemnify the owner of offending vehicle (Respondent No. 3) particularly when the vehicle was not driven by a duly licenced driver. The deceased driver had no valid and effective driving licence at the material time. That apart learned Commissioner has gone wrong for imposing penal interest at the rate of 12 per cent per annum on the awarded amount from the date of accident in default of depositing the compensation amount within 30 days of impugned judgment. Moreover, there is no documentary evidence to show that deceased M. Santosh was engaged as a helper in the truck in question at the material time.