ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED Vs. BHAWANI

JUDGEMENT

(1.) By way of this appeal, the appellant-Insurance Company has assailed Award dated 16.05.2012, passed by learned Employee's Compensation Commissioner, Lahaul & Spiti at Kullu, H.P. in Case No. 11 of 2007, titled as Smt. Bhawani Vs. Sh. Sanjay Kumar and another, vide which, an application filed under Section 22 of the Employee's Compensation Act was allowed by the learned Commissioner in the following terms:

(2.) Brief facts necessary for the adjudication of the present appeal are that an application was filed under Section 22 of the Employee's Compensation Act by Smt. Bhawani, wife of late Shri Krishan Negi for grant of compensation, inter alia, on the grounds that deceased Krishan Negi, husband of the claimant, was engaged as a Driver by Shri Sanjay Kumar (respondent No. 1 before the learned Commissioner) to ply vehicle No. HP-01A-1185. In the course of said employment of his, deceased lost his life on 24.08.2007 in an accident which took place at Khyog Nallah near Saroha, Tehsil Chachiot, District Mandi, H.P. At the time when the accident took place, the vehicle was being driven by the deceased. It was the case of the claimant that at the time of his death, monthly wages of the deceased were Rs.4000/- and in addition, he was also being paid Rs.50/- daily diet money. The deceased was 24 years old at the time of his death. The employer was duly sent a notice. The factum of the accident as also the death of the deceased workman was in the knowledge of the employer. The vehicle was insured by the employer with the Insurance Company-appellant (respondent No. 2 before the learned Commissioner). Employer had also carried out the insurance of the deceased under the Employee's Compensation Act with the Insurance Company. As employer had failed to indemnify the claimant, hence the claim petition was filed.

(3.) The claim was resisted by the respondents. Employer though admitted that deceased Krishan Negi was his employee and was engaged as a Driver to ply the vehicle in issue, who died on 24.08.2007 while driving the said vehicle, however, as per him, monthly wages of the deceased Driver were Rs.3000/- per month and not Rs.4000/- as alleged by the claimant. It was further the case of the employer that as the vehicle in issue was fully insured with the Insurance Company, therefore, liability to pay compensation, if any, was that of the Insurance Company.