NATIONAL INSURANCE CO LTD Vs. BIDASHI KALO

JUDGEMENT

(1.) This is an appeal under section 30 of the Workmen's Compensation Act, 1923 preferred by the insurance company against an interim award made in favour of respondent Nos. 1 and 2 by the Commissioner for Workmen's Compensation directing payment of Rs. 50,000.

(2.) The Workmen's Compensation Case No. 7 of 1999 has been filed by the legal representatives of the deceased Angada Kalo (respondent Nos. 1 and 2) claiming compensation of Rs. 2,00,000, before the Workmen's Compensation Commissioner-cum-Asst. Labour Commissioner, Sambal-pur. During the pendency of the said case, respondent Nos. 1 and 2 filed application under section 140 of the Motor Vehicles Act, 1988 for grant of interim compensation under no fault liability in their favour. The Commissioner by the impugned order dated 24.7.99 taking into consideration the documents filed on behalf of respondents claimants and after hearing the parties has directed the appellant insurer to deposit Rs. 50,000 as interim compensation under section 140 of Motor Vehicles Act. Being aggrieved by the said order, the insurance company has preferred this appeal under section 30 of Workmen's Compensation Act.

(3.) Mr. S.D. Das, learned senior counsel appearing for the appellant insurance company vehemently argued that the deceased was not a workman under the insured and that the Commissioner has acted contrary to law in allowing the application for interim compensation under section 140 of the Motor Vehicles Act even though the said provision is not applicable to a case under Workmen's Compensation Act. Mr. Das in support of his contention has relied upon the decision in case of P. S. Metal Works v. Rezwan Ali, 2002 ACJ 1495 (MP).