NATIOANL INSURANCE CO LTD Vs. KONJENGBAM IBO SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 13. 12. 2002 passed by learned Commissioner under Workmen's Compensation act, 1923 at Manipur, Imphal in Claim case No. 23 of 2002. By this impugned judgment, the learned Commissioner has awarded a sum of Rs. 3,56,336 with interest at the rate of 12 per cent per annum in favour of the claimant for the death of his son.

(2.) HEARD Mr. K. Pradeep, the learned counsel for the appellant. None appeared for the owner of the vehicle as well as for the claimants, i. e. , the respondents.

(3.) CLAIM application was filed seeking compensation of Rs. 4,50,000 for death of claimant's son in a motor vehicle accident that took place on 21. 6. 2002. At the relevant time the deceased was engaged by the respondent No. 1 in his truck No. MN 05-2466. The claimant's son succumbed to the injuries on the next day. The learned commissioner has held that the deceased was a workman within the provisions of the Workmen's Compensation Act and the incident also arose out of and in the course of employment. Accordingly, it was held that the claimant is entitled to compensation. The Commissioner has further held that since the vehicle was duly insured with National Insurance Co. Ltd. , insured is to be indemnified by the insurer.