NEW INDIA ASSURANCE CO LTD Vs. JAYANTI NAYAK

JUDGEMENT

(1.) These two appeals have been filed by the insurer against a common decision of the Commissioner for Workmen's Compensation-cum-Deputy Labour Commissioner, Cuttack (in short, 'the Commissioner').

(2.) Narayan Swain is the deceased. He was the driver in respect of an autorickshaw belonging to present respondent No. 2. In course of duty, the vehicle met with an accident on 4.2.1995 ultimately causing the death of the driver. W.C. Case No. 164-J of 1995 was filed by the widow of the deceased claiming compensation, whereas W.C. Case No. 163-J of 1995 was filed by the widowed mother of the deceased.

(3.) The owner in his written statement while admitting about the employment, accidental death of the deceased, disputed his liability and pleaded that the liability, if any, should be borne by the insurer. The insurer generally denied the allegation made in the two claim applications.