NEW INDIA ASSURANCE CO LTD Vs. USHA DEVI

JUDGEMENT

(1.) THIS judgment shall dispose of F. A. O. Nos. 464, 465, 466, 467, 468 and 469 of 2003. All these appeals have arisen out of common order dated 9. 7. 2003 passed by Commissioner under workmen's Compensation Act at Jhakri in f. A. No. 5 of 2001, F. A. No. 3 of 2001, n. F. A. No. 28 of 2001, F. A. No. 6 of 2001, n. F. A. No. 29 of 2001 and F. A. No. 4 of 2001 respectively. F. A. No. 3 of 2001, F. A. No. 4 of 2001, F. A. No. 5 of 2001, F. A. No. 6 of 2001, N. F. A. No. 28 of 2001 and n. F. A. No. 29 of 2001 were filed by the petitioners/claimants claiming compensation under the Workmen's Compensation act, 1923 (for short 'the WC Act' ). In F. A. Nos. 3, 4, 5 and 6 of 2001 compensation was claimed by the dependants of deceased workmen, whereas in N. F. A. Nos. 28 and 29 of 2001 the claim petitions were filed by the injured workmen. The Commissioner in the impugned order has held New india Assurance Co. Ltd. to pay the entire compensation along with interest to the claimants with a direction to the insurer to deposit whole of the compensation amount rs. 19,69,930 before the Commissioner within one month from the receipt of the order. New India Assurance Co. Ltd. , in these circumstances, has filed the above appeals against the impugned order.

(2.) THE brief facts in each appeal are as follows: (i) F. A. O. No. 464 of 2003:

(3.) USHA Devi, the widow and Anjana, daughter of Karam Chand, filed claim petition on the grounds that Karam Chand, aged 36 years was employed with employer ANS Earthmovers as driver on truck no. HP 12-9929 on Rs. 3,850 per month salary, he received fatal injuries on the night intervening 29/30. 3. 2001 during the course of his employment with the employer. It has been alleged that on 29. 3. 2001, work continued late, as such Karam Chand along with other drivers and conductors came to the residence, which was provided by the employer for staying/retiring. On the following day, the work was to start early. At about 2 a. m. accident took place due to a massive landslide in which big boulders fell on the residence provided to workers by the employer. In the accident karam Chand received fatal injuries and he died on the same day. It has been alleged that New India Assurance Co. Ltd. , being the insurer of the truck, is liable to pay the compensation. The claimants have claimed statutory compensation, 18 per cent interest and 50 per cent penalty both from the employer and the insurer.