NEW INDIA ASSURANCE CO LTD Vs. SURENDRA PATRA

JUDGEMENT

(1.) This appeal by the Insurance Company is directed against the Judgment/Order dated 16th August, 2002 passed by the Commissioner for Workmen's Compensation, Cuttack, in W.C. Case N0.18O-D of 1996, awarding an amount of Rs. 51,236 as compensation along with interest @ 6% per annum from the date of filing of the claim application, till payment.

(2.) The brief facts of case are that on 5th April, 1987 Raghunath Sahoo, the driver of the taxi bearing No. O.A.C.4999 was waiting at the College Square taxi stand of Cuttack Town for passengers, when four persons, who were staying at Ambika Hotel, came to the taxi stand & hired the taxi to visit Puri & Konark on 5th April, 1987. When the driver Raghunath Sahoo alongwith the taxi did not return till 10th April, 1987, the owner of the taxi lodged an F.I.R. at Malgodown Police Station, Cuttack, with regard to his missing taxi and the driver. As the whereabouts of the taxi and its driver could not be traced for two years, the police submitted final report in G.R. Case No. 845 of 1987 in the Court of S.D.J.M. (S), Cuttack. The investigation was reopened on 6th September, 1989 in the said G.R. Case No. 845 of 1987, when the hijackers of the taxi were arrested by the Hyderabad Police in Andhra Pradesh & during investigation police seized the taxi. Subsequently in course of investigation, the documents of the taxi No. O.A.C.-4999 were seized from the accused hijackers, from which the original number of the taxi could be confirmed, on the basis of its engine number & chasis number. On the basis of which such information from the Hyderabad Police, the case was reopened by the local police in Cuttack & after completion of investigation, charge sheet was submitted against the hijackers, who faced trial in the Court of Sessions Judge, Cuttack, inS.T. Case No. 143 of 1990.

(3.) The wife and children of the driver Raghunath Sahoo having not heard of him since he went missing on 5th April, 1987 and after waiting for about 9 years, filed the claim application for award of compensation under the W.C. Act, claiming that the death of the driver Raghunath Sahoo occurred in the hijacking incident on 5th April, 1987, arising out of and in course of his employment.