ORIENTAL INSURANCE COMPANY LTD Vs. SMTI RAJKHOLI

JUDGEMENT

(1.) This is an appeal preferred under Section 30 of the Workmen's Compensation Act, 1923, against the judgment and award dated 20.01.98, passed by the Commissioner for Workmen's Compensation, at Nagaon, in NWC No. 36/95.

(2.) The material facts leading to this appeal may, in brief, be stated thus : Deceased Madan Rai @ Singh was employed by Opposite Party No. 1 as driver for truck bearing registration No. AMK 698. On 12.12.93, the said deceased was driving the said vehicle, loaded with rice, from Guwahati towards upper Assam and when the vehicle was passing through an area called Uriagaon, which falls on National Highway No. 37 under Nagaon Police Station, right side of the front tyre of the said vehicle, suddenly, burst. As a result thereof, the deceased lost control on his vehicle and it dashed against an Omnibus, which was proceeding towards Guwahati from the direction of Jorhal The truck got capsized, the said driver sustained injuries in the said accident and died on the spot. On the accident being reported to Police, G.D. Entry No. 266, dated 12.12.93, was made at Nagaon Police Station. Postmortem was also conducted on the dead body of the said deceased driver at Nagaon Civil Hospital on 12.12.93 itself. Smt. Rajkholi, mother of the said deceased driver, filed an application under the Workmen's Compensation Act (hereinafter called 'the Act') seeking compensation for the death of her said son. The claimant alleged that her deceased son used to receive Rs. 1500/- per month as salary and a daily allowance of Rs.50/- and that age of her said deceased son was, at the time of his death, about 25 years. The claimant also submitted that the said vehicle was insured with the present appellant, namely, Oriental Insurance company Ltd., Dibrugarh Branch.

(3.) The owner of the vehicle, impleaded as Opp. Party No.1 filed his written statement admitting that the deceased Madan Rai was his driver and he died in the accident as hereinabove mentioned. The Opp. Party No. 1, however, contended that his vehicle was insured with Opp. Party No. 2 namely, M/s. Oriental Insurance Company Limited and the compensation, if any, shall be paid by the Opp. Party No. 2 to the claimant.