ORIENTAL INSURANCE COMPANY Vs. HANIFA

JUDGEMENT

(1.) By way of this appeal, the appellant has challenged order dated 30.03.2009, passed by learned Commissioner, Workmen Compensation, Chamba, District Chamba in Case No. 12/Compen/08, titled as Smt. Hanifa and another Vs. Ajaj Mohd. and another, vide which, an application filed by the petitioners therein under Section 22 of the Workmen's Compensation Act, 1923, stood allowed by the learned Commissioner by holding that the petitioners were entitled for compensation to the tune of Rs.403200/-? alongwith interest @12% per annum from the date of accident for one year and with further direction to the present appellant to deposit the amount within 30 days of the order, failing which, the appellant was held liable to pay penalty at the rate of 25% of the total compensation amount assessed by the learned Commissioner.

(2.) This appeal was admitted on the following substantial questions of law:

(3.) Learned Senior Counsel for the appellant has addressed this Court on substantial question of law No. 3 primarily and has argued that the order passed by the learned Commissioner is not sustainable in the eyes of law, as while passing the impugned order, learned Commissioner erred in holding that the deceased was covered under the Insurance Policy which was executed by the employer with the Insurance Company. He has argued that a perusal of the Insurance Policy, which is duly exhibited, demonstrates that the site of accident where unfortunately the deceased workman lost his life, was not covered under the Policy. On this account, he has prayed that the order passed by the learned Court below is bad and is liable to be quashed and set aside. No other point was urged.