NEW INDIA ASSURANCE COMPANY LIMITED Vs. BHAGWANTI DEVI

JUDGEMENT

(1.) Vide order, under challenge, Commissioner, under the Workmen's Compensation Act, 1923, awarded compensation to the respondents, for death of Anil Kumar, their son, to the tune of Rs.2,29,600/- alongwith interest.

(2.) Before this Court, an attempt has been made to say that relationship of master and servant, of the deceased with the owner of the vehicle was not established. This Court feels that the argument raised is devoid of any justification. The Court below, while placing reliance upon Ex.P9 (photocopy of DDR) and also statement made by the driver of the vehicle concerned, that the deceased was employed as a Cleaner on the said vehicle, came to a conclusion that relationship of master and servant stands established.

(3.) So far as payment of interest is concerned, counsel for the appellant has failed to show that in the Insurance Policy, there existed any negative clause to the extent that the appellant Company shall not be responsible for payment of interest.