NEW INDIA ASSURANCE CO. LTD Vs. KISHAN DEI

JUDGEMENT

(1.) AMI Chand, aged 23 years was employed by Mehndiratta Transport Company (hereinafter called 'the Company'), as a driver to drive one of the Company's truck. On 10/11th November, 1985, Ami Chand was driving truck No. DEL 427 belonging to the Company, and in the course of his employment was going from Jaipur to Kotputli. On National Highway No. 8, about 8-1/2 Kilometres before Kotputli, the truck met with an accident in which it over-turned and Ami Chand driver was crushed under the truck and died on the spot.

(2.) HIS widow, two minor children and parents filed a claim application under the Workmen's Compensation Act, 1923 (for short 'the 1923 Act') before the Commissioner, Jaipur (under the Workmen's Compensation Act'), within whose jurisdiction the accident had taken place. The Company, the owner of the truck and the proprietor of the Company and New India Assurance Company Ltd. with whom the truck was insured, were impleaded as respondents. The Jaipur Commissioner issued notices to all the three respondents and in spite of service none of them appeared and the Court proceeded ex-parte. Ultimately, the Jaipur Commissioner transferred the application to the Commissioner at Gurgaon, and the latter after recording evidence by order dated 19-11-1986 awarded Rs. 61,586 plus penalty of 30 per cent on the awarded amount along with interest at the rate of 6 per cent per annum till realization. Since the truck was insured, the Insurance Company was made liable to pay the whole amount.

(3.) THE claimants filed reply to the applications condonation of delay.