NATIONAL INSURANCE CO LTD Vs. DUKHI MISTRY

JUDGEMENT

(1.) THIS appeal, at the instance of the National Insurance Company Ltd., is directed against the order dated 18.2.2000 passed in Case No. C.W.C. 02/1999 by the Deputy Labour Commissioner - cum -Commissioner under Workmens ' Compensation Act, Magadh Division, Gaya (hereinafter referred to as 'the Commissioner ') whereby and whereunder the appellant -Company has been held liable to indemnify the employer (respondent no. 4) for the death of the Manager who died in an accident with a truck on 10.11.1998 while going on a scooter of the Company, which was insured with the appellant -Company covering third party risk.

(2.) RESPONDENT nos. 1, 2 and 3 are the claimants and respondent no. 4 is the employer of the deceased. The claimants filed the claim under the Workmen 'sCompensation Act. Respondent no. 4 contested the case by denying its liability as, according to them, the deceased was not its employee. However, they did not adduce any evidence. The appellant Insurance Company also contested the claim by denying its liability on the ground that the risk of the deceased as a workmen was not covered under the Insurance Policy with respect to the scooter. It was further contended that as the employer denied that the deceased was its employee, there was no liability of the company in any case.

(3.) THE deceased has been held to be the employee of respondent no. 4. It has further been held that the deceased was going on the scooter which belonged to respondent no. 4 in connection with the work of respondent no. 4 when he met with an accident. According to the learned Commissioner, the insurance policy covered the risk of the employee driving the scooter also and thus has held the appellant -Company liable to pay the compensation.