ANIL CHANDRA SHARMA Vs. ALKA RANI GHOSH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 9.10.1985 passed by the Commissioner, Workmen's Compensation, North Tripura, Kailashahar in T.S. (Workmen's Compensation) 2 of 1990 (Agartala) and T.S. (Workmen's Compensation) 5 of 1984 (Kailashahar) questioning the order and findings of the learned Commissioner in awarding compensation against the appellant and exonerating the insurance company from its liability from the payment of compensation arising out of the contractual liability.

(2.) The present proceeding was initiated at the instance of the parents of the deceased Bishnupada Sharma who was working as an assistant/handyman in a truck bearing No. TRL 2103 owned by the respondent No.1. On 15.9.1979 while the above truck was proceeding from Guwahati towards Agartala with load, the said truck met with an accident at Panitila on Assam-Agartala Road. Bishnupada Sharma, assistant/handyman of the said truck died due to injury caused to him as a workman by accident arising out of and in the course of his employment. The legal heirs of the deceased have accordingly presented a petition before the Commissioner, Workmen's Compensation praying for compensation. In the petition, it has been stated that the monthly wages of the deceased Bishnupada Sharma was Rs. 350 including meal, tiffin and misc. expenses and that the age of the deceased at the time of his death was 25/26 years.

(3.) The owner of the vehicle contended, inter alia, that the vehicle in question was insured with the National Insurance Co. Ltd. and the insurance policy covered all accidents and damages of the said vehicle. The owner opposite party also disputed the assertion of the petitioner that the deceased was getting a monthly wage of Rs. 350. In their objection, the owner opposite party cited that monthly wages of then deceased was Rs. 115 and he was also getting Rs. 8 per day as f coding charges when the truck was in trip. The National Insurance Co. Ltd. which was impleaded as a party in the proceeding stated that there was no relationship of master and servant between the deceased and the insurance company and there was no breach of contract between the insurance company and the deceased. The learned Commissioner considered the evidence on record and arrived at the conclusion that the deceased was getting monthly wages of Rs. 115 plus and accordingly awarded the compensation of Rs. 11,520 as per Schedule IV. The learned Commissioner made an observation that as per the scheme of the Workmen's Compensation Act, the insurance company was not liable to pay.