ORIENTAL INSURANCE CO LTD Vs. HIMANGSHU CH DEB

JUDGEMENT

(1.) THIS appeal by the insurer (the Oriental insurance Co. Ltd.) is directed against the judgment dated 30-7-2002 passed by the learned Commissioner, Workmen's compensation, West Tripura, Agartala in T. S. (WC) 21 of 1997 whereby after awarding rs. 1,87,182/- in favour of the claimant-respondent as compensation for the injuries sustained by him in a motor accident, the insurer appellant has been held liable to pay the amount awarded with interest @ 12% p. a. and penal interest @ 16% p. a. on failure to pay the amount within a period of three months from the date of judgment and award impugned.

(2.) WE have heard Mr. P. Gautam, learned counsel appearing for the appellant insurer and Mr. S. K. Dutta, learned Counsel appearing for the claimant-respondent. None appears on behalf of the owner, respondent no. 1 herein.

(3.) THE short question, which has fallen for consideration is whether the insurer can be held liable under the relevant provisions of the Motor Vehicles Act (for short 'm. V. Act'), the Workmen's Compensation Act (for short 'wc Act') and the terms and conditions of the insurance policy in respect of the vehicle involved in the accident to pay any amount of compensation for the injuries sustained by the claimant-respondent, who was admittedly an employee of the owner of the vehicle working as Assistant at the relevant time. The factum of the accident, the status of the claimant-respondent and the insurance covered by the policy issued by the insurer appellant in respect of the vehicle being not in dispute, a brief outline of the episode would suffice to understand and appreciate the controversy raised in this appeal.