ORIENTAL INSURANCE COMPANY LTD. Vs. SMT. SWATI MIRGAN

JUDGEMENT

(1.) This Misc. Appeal has been preferred by the Oriental Insurance Company Ltd under Section 30 of the Workmen's Compensation Act inter alia challenging an Award passed by the Commissioner for Workmen's and Deputy Commissioner, Jeypore, Koraput in W.C. Case No. 2/89. The said claim case was filed by respondent No. 1 against respondent No. 2 the owner of the vehicle and respondent No. 3, the Oriental Insurance Company, the present appellant inter alia alleging that her son Jagadish Mirgan while working as a cleaner/helper in the Truck bearing No. ORH-1509 belonging to Gopichand Agrawalla, the present respondent No. 2 met with an accident on 22nd March, 89 resulting his death on the spot. On the basis of such averments, she claimed compensation. After receiving notice, the Insurance Company as well as the owner of the truck appeared and filed written statement evasively disowning their liability. The owner's stand is that the deceased was not an employee under him.

(2.) In order to substantiate her claim, the claimant examined two witnesses; whereas the opposite parties neither exhibited any document nor adduced any oral evidence. Relying upon the evidence of p.ws. 1 and 2 who deposed on solemn affirmation in Court that the deceased was working as a cleaner under respondent No. 2 and that he became a victim of the accident, which occurred on 22nd march, 1989 and the Court below having observed that the opposite parties had totally failed to adduce any evidence to countenance the claim made by the claimant and/or to substantiate their own case, allowed the claim petition and passed an award of Rs. 58,240/- as compensation. The Commission also directed the Insurance Company to pay the amount of compensation within 30 days of the award, failing which it shall be liable to pay penalty of Rs. 15,000/- and interest @ 6% per annum from the date the compensation fell due i.e. on 23rd March, 1989 till the date of payment.

(3.) While admitting the Appeal by Order dated 12.8.1996, this Court observed as follows :