UNITED INDIA INSURANCE CO LTD Vs. BIMLA DEVI

JUDGEMENT

(1.) Heard the learned counsel Mr. Prakash Kumar on behalf of the appellant and the learned counsel Mr. Chandan Kumar Kashyap for respondent Nos. 1 and 2 and the learned counsel Mr. Rakesh Kumar for respondent No. 3 under Order 41, Rule 11, Civil Procedure Code. This miscellaneous appeal has been filed by United India Insurance Co. Ltd. under section 30 of Workmen's Compensation Act, 1923 against the order dated 4.6.2005 in W.C. Case No. 12 of 1997 passed by Deputy Labour Commissioner-cum-Commissioner under the Workmen's Compensation Act for Munger Division at Begusarai, whereby the learned Commissioner awarded Rs. 1,11,355 for the death of khalasi of a Trekker and the insurance company, appellant, has been directed to pay the same.

(2.) According to the claimants who are the legal representatives of the deceased Neeraj Kumar filed the claim case alleging that on 6.8.1993, driver of Trekker bearing registration No. BR 9-8553 and the khalasi Neeraj Kumar alias Babloo were killed by miscreants in the course of their employment. The said claim under the Workmen's Compensation Act was numbered as W.C. No. 12 of 1997.

(3.) After notice, the owner of Trekker bearing registration No. BR 9-8553 appeared and filed written statement stating that said Trekker was insured with United India Insurance Co. Ltd. and, therefore, the insurance company is liable to pay the compensation.