UNITED INDIA INSURANCE CO LTD Vs. ABADA KHATUN

JUDGEMENT

(1.) The insurer, United India Insurance Co. Ltd., is the appellant against the judgment/award of the Joint Labour Commissioner-cum-Workmen's Compensation Commissioner, Cuttack fixing the liability of compensation on the insurance company.

(2.) The claimants were the legal heirs of the deceased Abdul Habib alias Habibur Raheman Khan, who was helper in the bus bearing registration No. ORF 2155, which met with the accident on 24.1.1994 at about 4 a.m., having overturned. The deceased was employed by opposite party No. 1, Managing Partner of Kulamani Travels, in the offending bus and was receiving monthly wages of Rs. 900 and was aged about 35 years. The claimants were his widow and children. On receipt of notice of claim application, the opposite party "No.1. the ovmer of the vehicle and. opposite party No. 2, the insurer (appellant herein) had filed their written statements denying liability and the entire claim of the petitioners.

(3.) The insurer, opposite party No. 2, took the specific plea that the insurance cover having been cancelled due to bouncing of the cheque partly paid towards premium, the insurer is not liable to compensate and cover the liability of the owner. However, the Workmen's Compensation Commissioner found that the deceased was working as a helper in the bus in question and thus, was a workman and the death occurred in the course of employment under opposite party No. 1. Accordingly, an amount of Rs. 70,942 as compensation was determined and the opposite party No. 2 being the insurer, the liability was ordered to be covered by it, hence this appeal.