NEW INDIA ASSURANCE COMPANY LTD. Vs. SHEELA

JUDGEMENT

(1.) The present appeal is maintained by the appellant/Insurance Company, against the award passed by the Court of learned Commissioner (IV), Shimla, exercising power, under Employee's Compensation Act, 1923, in Case No. RBT 18-2 of 11/09, decided on 18/7/2013.

(2.) The brief facts of the case as set up by the claimants are that on 17/11/2008, while Ramakant alias Pankaj (since deceased), who was employed by Ram Swaroop (respondent No. 1 before the learned Court below) as driver in his vehicle bearing registration No. HP-09A2085, was discharging his duties as driver, the aforesaid vehicle met with an accident and deceased died on the spot. It has been averred that at the time of accident, deceased was 28 years of age, hale and hearty and was maintaining the claimants, who were totally dependent upon him. Consequntly, prayer for allowing the petition and awarding compensation was made.

(3.) On notice, the respondents contested the petition by filing different sets of replies. The employer i.e. Respondent No. 1 in his reply, took preliminary objections qua maintainability, that the vehicle in question was comprehensively insured with respondent No. 2,that the driver of the vehicle was fully insured with respondent No. 2, that the driver of the vehicle was possessing valid and effective driver licence at the time of accident, as such, Insurance Company was liable to indemnify the respondent etc. have been taken. On merits, contents of paragraphs No. 1 to 5 of the petition were admitted to be correct. It has been averred that respondent No.1 may be exonerated from the liability and Insurance Company may be directed to indemnify the owner.