UNITED INDIA INSURANCE COMPANY LIMITED Vs. ANGURI DEVI

JUDGEMENT

(1.) THIS appeal has been filed by United India Insurance Company Limited (hereinafter referred to as 'the Insurance Company') against the order/award dated 27.11.2009 passed by the Commissioner under Workmen's Compensation Act, 1923, Jind Circle (hereinafter referred to as 'the Commissioner'). The claimant-respondent No. 1 herein, i.e. wife of deceased Hawa Singh, who was admittedly working as a Driver on truck bearing registration No. HR-06GA-0274, belonging to respondent No.

(2.) -Balwan Singh, was held entitled to the compensation to the tune of Rs. 2,71,120.00 along with interest at the rate of 12 per cent per annum i.e. Amounting to Rs. 65,070.00 from the date of accident to the date of order. It was further ordered that the Insurance Company shall deposit the amount of Rs. 3,36,190.00 within 60 days from the date of award failing which further interest at the rate of 15% was ordered to be charged on the whole amount. The above compensation was awarded by taking the salary of the deceased-workman as Rs. 4,000.00 per month and age as 55 years after relying upon the post-mortem report, as the claimant could not produce the proof of age as 43 years. As regards penalty under Section 4-A of the Act, a show cause notice was ordered to be issued to owner of the truck directing him to explain why the penalty should not be imposed upon him. 2. Hawa Singh (deceased), aged about 43 years, was admittedly working as a Driver on the aforesaid truck, belonging to respondent No. 2. On 19.8.2007, Hawa Singh along with owner Balwan Singh (respondent No. 2) and cleaner were going to Delhi. At about 12.30 (night) when the truck reached near Bhadoch, Balwan Singh-owner of the truck directed Hawa Singh to stop the truck on road side/'katcha' road. While Hawa Singh was parking the truck on 'katcha road', the truck turned turtle. Due to the accident of the truck, Hawa Singh-driver sustained serious injuries while discharging his duties and died at the spot. Hawa Singh had died while on duty and during the course of employment. The death of Hawa Singh had taken place due to the accident of the truck while he was parking it on the road side/'katcha' road. Balwan Singh (respondent No. 2), owner of the vehicle in question, in his written statement before the Commissioner, admitted that Hawa Singh (deceased) was employed by him as driver and was on duty at the time of his death. The vehicle in question had been insured with the Insurance Company.

(3.) LEARNED counsel for the appellant has raised two fold arguments. It has been submitted that the dependent of the deceased has failed to prove that the deceased was working as a Driver of the truck insured with the Insurance Company. So, in absence of master and servant relationship the Insurance Company is not liable to pay the compensation amount. Secondly, it has been submitted that the Commissioner has awarded interest from the date of accident which is against the law laid down by the Hon'ble Supreme Court in Kamla Chaturvedi v. National Insurance Company Limited and others, 2009(1) S.C.T. 325 : 2009(1) R.A.J. 386 : (2009-1)153 PLR 354 (S.C.). Learned counsel has also referred the judgment of the High Court of Karnataka in National Insurance Co. Ltd. v. Sarojamma and others, 2009 A.C.J. 119.