NATIONAL INSURANCE CO LTD Vs. KARNAIL SINGH

JUDGEMENT

(1.) -APPEAL was admitted on the following substantial question of law:

(2.) THE present appeal has been filed by national Insurance Co. Ltd. on a limited ground, therefore, facts necessary for adjudication of the appeal are given as under: the claimant Karnail Singh filed a petition under section 4 of the Workmen's compensation Act claiming compensation for the injury which he received while checking the truck bearing registration No. HP 01-A 9795 belonging to Rajinder Pal singh. The claimant driver sustained injury on 7. 3. 1998 and had to be hospitalised from 7. 3. 1998 up to 11. 3. 1998 to undertake medical treatment. The police also took cognizance of the incident.

(3.) THE owner filed its reply admitting the claimant to have been employed by him as his driver but, however, took a stand that liability to pay compensation was that of the insurance company as the vehicle was insured at that time. The insurance company pleaded breach of the policy.