UNITED INDIA ASSURANCE CO LTD Vs. SOMARI DEVI

JUDGEMENT

(1.) Admittedly, the truck bearing registration No. BR-14G 0589 belonged to M/s Randev Associates Private Limited (hereinafter referred to as the Company) whereon Karma Lohar, the deceased husband of Most. Somari Devi of village Hootap, District Ranchi was employed as Helper. On July 5, 1995 at about 9.30 P.M. the said vehicle was said to have been hijacked by the miscreants/ ami social elements and the said helper was killed by them. The vehicle was insured with M/s. United India Insurance Company at the relevant time.

(2.) Most. Somari Devi filed a claim petition under the provisions of the Workmen's Compensation Act, 1923 (hereinafter referred to as the Act) which was registered as CWC 17/96 before the Commissioner, Workmen's Compensation, Hazaribagh.The Company which was the owner of the vehicle was made opposite party No. 1 whereas Insurance Company was made as opposite party No. 2.

(3.) According to the claimant, the deceased helper was 19 years old and was getting pay of Rs. 2100/- per month. The Director of the Company admitted that the deceased was employed as Khalasi and he was done to death along with the driver of the said vehicle by the miscreants/ anti-social elements and the vehicle was, at the relevant time, insured with M/s United India Insurance Company Limited. The Insurance Company challenged the fact that the deceased was employed as helper on the vehicle in question and his pay was Rs. 2100/- per month. As per post mortem report, the deceased was found 13 years old and thus, he being the minor could not be employed and was not entitled to any workman's compensation amount.