DIVISIONAL MANAGER UNITED Vs. GHANASHYAM MAJHI

JUDGEMENT

(1.) THIS appeal is directed against the Judgment and Order dated 19.12.2001 passed by the Commissioner for Workmen's Compensation -cum -A.D.M., Nuapada in W.C. Case No. 27 of 2000 directing payment of compensation of Rs. 1,30,146/ - to the Respondents 1 and 2.

(2.) THE claimants -Respondents 1 and 2 are the parents of the deceased. The case of the claimants is that their son was working as a coolie in a Tractor and Trailer having Registration Nos. OR -08 -7015 and OR -08 -7016 respectively owned by Respondent No. 3. On 25.4.2000 while the deceased along with the labourers were moving in the said Tractor to carry out some work in Colony Para Road, the offending Tractor and Trailer jumped heavily on the way near Colony Para due to rash and negligent driving of the said Tractor. In view of the above jump, the deceased fell down and the back wheel of the Trailer ran over him as a result of which he not only sustained injuries but also succumbed to the injuries.

(3.) SHRI A. K. Mohanty, the Learned Counsel appearing for the appellant challenged the judgment of the Commissioner on two grounds. The first ground taken by Shri Mohanty is that when a Trailer is attached to a Tractor and the occupants of the Trailer sustain injuries or die due to an accident, the Insurance Company cannot be made liable to pay any compensation. The second ground taken by the Learned Counsel is that in evidence, the claimants have not stated any thing about the extent of dependency and, therefore, the award of compensation to the tune of Rs. 1,30,146/ - is without any basis. The Learned Counsel appearing for the claimants -respondents, on the other hand, submitted that occupants of a Trailer in the event of an accident are entitled to compensation and the same is to be indemnified by the Insurance Company, if the vehicle is covered by an insurance policy. So far as extent of dependency of the deceased is concerned, it was contended by the Learned Counsel that the deceased was unmarried and the claimants were depended on his income.