BAISNAB MOHANTY Vs. RAMESH KUMAR MOHANTY

JUDGEMENT

(1.) THIS is an appeal against the order dated 11.09.2006 passed by the learned Commissioner for Workmen s Compensation -cum - Assistant Labour Commissioner, Cuttack in W.C. Case No.232 - D/2004 awarding compensation of Rs.2,65,644/ - for the death of deceased Subash Chandra Mohanty in a vehicular accident taking place on 05.09.2004 on account of rash and negligent driving on the part of the driver of the offending vehicle bearing Registration No.OAC -6689 in which the deceased was employed as a helper, as against the claim of Rs.4,45,420/ -, along with interest @ 12% per annum. The owner of the vehicle (opposite party No.1 before the learned Commissioner) admitted the employment of the deceased as a helper in the offending truck as well as the accidental death of the workmen arising out of and in course of such employment. The Insurance Company (opposite party No.2 before the learned Commissioner) denied all the averments made in the claim petition and disclaimed their liability to pay any compensation.

(2.) THE appellants are the claimants -applicants before the learned Commissioner. Respondent No.1 is the insured vehicle owner and Respondent No.2 is the insurer of the vehicle.

(3.) THE appeal has been admitted on the following substantial question of law: