UNITED INDIA INSURANCE CO LTD Vs. CHHAYA DASH

JUDGEMENT

(1.) THE Insurer has filed this appeal. Claimant-respondent No. 1 filed W. C. Case No. 438-D/96 before the Commissioner for Workmen's Compensation-cum-Deputy Labour Commissioner, Cuttack (hereinafter referred to as the "commissioner"), for compensation on account of the death of her husband. The deceased was the driver in Truck number OR-04-2111 belonging to respondent No. 2. It was stated that the death occurred in an accident arising out of 'and in course of employment. It was further claimed that the deceased was aged about 32 years at the time of accident and he was getting Rs. 3,000/towards his monthly salary.

(2.) THE owner-respondent No. 1 filed written statement admitting about the employment and the death on account of the accident. He, however, took the plea that compensation, if any, should be paid by the Insurance Company as the truck had been validly insured. The Insurance Company denied in general terms the allegations made in the claim application.

(3.) THE Commissioner on assessment of the evidence on record found that the deceased was an employee under the present respondent No. 2 and had died in an accident arising out of and in course of employment. Though it was found that the deceased was receiving a sum of Rs. 3,000/- per month keeping in view the limit indicated in the Schedule under the Workmen's Compensation Act (hereinafter referred to as the "act") and calculating compensation on the basis of the age fixed at 33 years on the basis of the post-mortem report, the Commissioner directed for payment of Rs. 2,01,660/ -. The Commissioner also relied upon the certified copy of the driving licence and held that the amount was payable by the Insurance Company. The aforesaid award is under challenge at the instance of the Insurer.