TATA AIG GENERAL INSURANCE COMPANY Vs. POONAM

JUDGEMENT

(1.) Tata AIG General Insurance Company Limited (hereinafter referred to as 'the Insurance Company') has preferred this appeal against the order/award dated 14.12.2010 passed by the Commissioner under the Workmen's Compensation Act, 1923, Circle 2, Sonepat (hereinafter referred to as 'the Commissioner') whereby the claimants-respondents Nos.1 to 5 herein, i.e. dependents of deceased Siri Bhagwan, who was working as a Driver on tractor bearing registration No.HR-10N-8051, belonging to respondent No.6-Sumit, were held entitled to compensation to the tune of Rs.4,00,017/- along with interest at the rate of 12 per cent from the date of filing of petition i.e. from 7.4.2010 to the date of award i.e. 14.12.2010 i.e. Rs.32,935/- total amounting to Rs.4,32,952/-. However, since the vehicle of respondent No.6-Sumit, i.e. tractor bearing registration No.No.HR-10N-8051, on which Siri Bhagwan had been employed as a Driver, was insured with the Insurance Company (appellant), the Commissioner held that the Insurance Company would be liable to pay the said amount. It was further ordered by the Commissioner that in case the appellant fails to deposit this amount before it within 30 days, the appellant would also be liable to pay further simple interest at the rate of 12 per cent per annum on the amount of compensation only from the date of the order till its realization.

(2.) The workman-Siri Bhagwan, aged about 40 years, was working as a Driver on tractor owned by respondent No.6-Sumit and was earning Rs.8,000/- per month. On 21.2.2010 at about 12.15 p.m., when Siri Bhagwan while driving the tractor reached at the bridge of Drain No.8, G.T. Road, Pio Maniari, all of a sudden a cow came running in front of the tractor trolley and to save the cow he applied emergency brakes as a result of which the tractor trolley along with Siri Bhagwan and one occupant, namely, Ravi Parkash, fell in the drain after breaking the grills. It is submitted that Ravi Parkash took a jump cautiously while Siri Bhagwan fell in the drain along with the tractor trolley and suffered multiple injuries. He was taken out of the drain and brought to General Hospital, Sonepat, where he was declared as brought dead by the doctor on duty. Post mortem on the dead body of Siri Bhagwan was conducted by the Doctor of the Hospital and the Police recorded DDR No.35 dated 21.2.2010 on the statement of Ravi Parkash. The claimants, alleging that Siri Bhagwan had died during the course of his employment with respondent No.6 herein while working as a Driver on tractor bearing No.HR-10N-8051, claimed compensation to the tune of Rs.10,00,000/-.

(3.) Respondent No.6 admitted the factum of accident and the death of workman during the course of employment with him. He also averred that the deceased was getting Rs.6,000/- per month as salary/wages and he also used to give him wheat and paddy and in this way he was earning a total amount of Rs.8,000/- as salary per month. He further averred that if any amount of compensation was payable to the claimants, the same would be indemnified by the Insurance Company being insurer of the tractor. However, the Insurance Company denied its liability with regard to the claim of the claimants by alleging that there was no relationship of the employee and employer between the deceased and respondent No.6.