STATE OF PUNJAB Vs. RAJVIR KAUR

JUDGEMENT

(1.) Present writ petition has been filed by (i) The Chief Secretary to Govt. Punjab, Chandigarh; (ii) Secretary to Govt. Punjab, Information & Public Relations Department, Chandigarh; and (iii) District Public Relations Officer, Bathinda, challenging therein the award dtd. 18/3/1998 (Annexure P-2), passed by the Commissioner under the Workmen's Compensation Act (now re-named as 'the Employees Compensation Act, 1923)-cum-Labour-cum-Conciliation Officer, Bathinda.

(2.) As per the claim application filed by the claimants (respondents No.1 to 4 herein), one Paramjit Singh, Driver of Maruti Van No. PB-01- 0176, expired on 5/3/1994, during the course of employment, and thereupon, vide Case No i.e. WCA-26/94, his widow, two sons and one daughter, claimed compensation from the petitioners herein. While deciding the claim application, Commissioner under the Workmen's Compensation Act-cum-Labour-cum-Conciliation Officer, Bathinda, held that the liability of the owner is vicarious for the tort committed by his employee during the course of his employment. Accordingly, respondents No.1 to 3 in the claim petition (petitioners No.1 to 3 herein) were held liable to pay the compensation to the claimants. Total awarded compensation amount was Rs.1,97,060.00 payable within two months, failing which, petitioners were held liable to pay the amount along with simple interest @ 12% per annum.

(3.) Learned Senior counsel for respondents No.1 to 4, submits that the present writ petition has been filed by ignoring the statutory provisions i.e. Sec. 30 of the Employees Compensation Act, 1923 (in short 'the Act').