NATIONAL INSURANCE CO. LTD Vs. DEWAN SINGH

JUDGEMENT

(1.) CM No. 8695-CII of 2015 Prayer in this application is for condoning delay of 49 days in filing the appeal. In view of averments made in the application and arguments advanced by counsel for the applicant, application is allowed and delay of 49 days in filing the appeal stands condoned. Disposed of accordingly. FAO No. 2804 of 2015 The present appeal has been directed against order dtd. 28/11/2014 passed by the Commissioner under the Employee's Compensation Act, 1923 (in short "the Act") whereby compensation has been awarded on account of death of Mohinder Singh in an application filed by his unfortunate parents.

(2.) The plea of claimants is that Mohinder Singh aged about 25 years was employed as Roller Operator for the last six months by the respondents at a salary of Rs.9000.00 per month plus residential accommodation and food. The respondents purchased policy bearing No.361300/41/11/860000081 for the period 25/1/2012 to 24/7/2012. Mohinder Singh met with an accident on 21/6/2012 while performing duty on the Roller as he suddenly fell from the Roller and died at the spot. The incident was witnessed by Manoj Kumar, Anand Tyagi and Md. Sirazuddin. The applicants prayed for compensation to the tune of Rs.15,00,000.00 with interest @ 12% per annum from the date of accident till realization and penalty of Rs.7,50,000.00. The Commissioner, on a detailed consideration of materials on record and in the light of rival submissions made by counsel for the parties answered issues No. 1 to 4 in favour of the claimants/applicants and they were awarded compensation of Rs.8,67,640.00 which was held to be joint and several liability of respondents No. 1 to 4 therein being the principal employer, employer and insurer.

(3.) Counsel for the insurance company has assailed the impugned order primarily on three counts. The first submission made by counsel is that the roller on which Mohinder Singh was statedly working as operator was not insured with the appellant-insurance company but a policy of insurance under the Act was obtained by M/s Kanwar Enterprises Private Limited respondent No. 5. The second submission made by counsel is that Mohinder Singh did not possess a valid licence to drive the Roller as his licence has been proved to be fake, in view of evidence led by the insurance company, therefore, the insurance company is not liable to pay compensation. Another submission made by counsel is that interest @ 12% per annum has been allowed from the date of accident in place of 30 days after expiry of date of accident, therefore, the award is liable to be modified accordingly.