NEW INDIA ASSURANCE CO. LTD Vs. THAWMLIEN

JUDGEMENT

(1.) HEARD Mr. M. Guite, learned Counsel for the appellant. Also heard Mr. S.N. Meitei, learned Counsel on behalf of respondent No. 1 and Mr. Joel J. Denga, learned Counsel on behalf of respondent No. 2.

(2.) THIS appeal is directed against judgment and award dated 19.12.2007 passed by the learned Commissioner, Workmen's Compensation, Aizawl, in W.C. Case No. 6 of 2006 awarding a sum of Rs. 3,92,000/ - (Rupees three lakhs ninety two thousand) only, in favour of the claimant and against respondent insurer (respondent No. 1) to be paid within one month and with a further direction to pay a penal interest at the rate of 12 per cent per annum from the date of payment fell due till realisation of the amount.

(3.) THE pleas taken by the employer before the learned Commissioner are that he employed the deceased workman as Handyman -cum -Mechanic w.e.f. 1.2.2005 and paid Rs. 3500/ - p.m. as his salary but subsequently, he decided to terminate him due to his unsatisfactory performance. However, on request of the deceased, he was retained at a reduced monthly salary of Rs. 1000/ - only since 1.4.2005 till the date of accident on 1.4.2006. The insurer, besides denying the liability, demanded dismissal of the petition on the grounds that the claim petition was not maintainable, there was no cause of action, the attorney has no locus -standi to file the petition, sufficient Court Fee was not paid, notice under Section 10 of the Workmen's Compensation Act, 1923 (hereinafter referred to as W.C. Act) was not served upon the employer, the insured violated the terms and conditions of the insurance contract for having failed to properly maintain his vehicle, the deceased did not die during the course of employment and he was not paid Rs. 3500/ - p.m. as his monthly salary.