NATIONAL INSURANCE CO LTD Vs. GATIKRUSHNA SAHU

JUDGEMENT

(1.) NATIONAL Insurance Co. Ltd. herein has sought to challenge the award/judgment dated 9. 11. 2001 passed by learned Commissioner for Workmen's compensation-cum-Assistant Labour commissioner, Dhenkanal, Angul (hereinafter referred to as 'the Commissioner') in W. C. Case No. 43 of 1997.

(2.) THE case of the respondent Nos. 1 and 2 is that they are parents of one deceased Sukadev Sahu, who died in course of his employment while working as a driver under respondent No. 3, who is the owner of the vehicle bearing registration No. OR 05-E 0636. It is alleged in the claim petition that at the time of accident, the deceased was 25 years old and was getting Rs. 1,200 per month from the respondent No. 3. Respondent No. 3, owner of the vehicle appeared before the learned Commissioner and filed a written statement admitting employment of deceased Sukadev Sahu as the driver and also admitting that the death of deceased was due to accident, but disowned his liability on the ground that his vehicle had been validly insured under the appellant insurance company and under the indemnify clause of the policy, the present appellant insurance company is liable to pay the compensation to the dependants of the deceased.

(3.) THE appellant insurance company appeared before the learned Commissioner and filed its written statement. While contesting the case on merit it disowned the liability and denied the averments made in the claim application including the accident, employment, age and wage of the deceased and called upon respondent Nos. 1 and 2 to prove their case.