NATIONAL INSURANCE CO LTD Vs. AB REHMAN DENTOO

JUDGEMENT

(1.) THIS appeal has been filed to set aside the award dated 18 -02 -2001 passed by Commissioner under Workmens Compensation Act, Kashmir Division, Srinagar (Dy.Labour Commissioner, Kashmir Division) in case titled Abdul Rehman Dentoo and others v. Manzoor Ahmed Bhat and Another.

(2.) IT seems that Bilal Ahmed Dentoo was employed by respondent No. 5 as driver of his Truck No. 5244/JK01A. The truck met with an accident on 11.04.1997 near Keela Mode, Ramban, due to which the driver Bilal Ahmed Dentoo, died. Claim petition was filed before the commissioner under Workmens Compensation Act, on the main ground that since the deceased Bilal Ahmed Dentoo was under the employment of respondent No. 5 (Manzoor Ahmed) as a driver, therefore, the heirs of the deceased (respondents 1 to 4) be given compensation to be recovered from the Insurance Company, i.e., present appellant. The Commissioner under Workmens Compensation Act, considered the claim on merit and allowed compensation of Rs. 1,50,000/ - to be recovered from the present appellant vide order dated 18.06.2001 which has been challenged in the present appeal.

(3.) THE main submissions made in the appeal are that the accident took place due to negligence of the deceased Bilal Ahmed Dentoo, therefore, under law, the Insurance Company is not bound to pay compensation on the death of a driver to his legal heirs because the driver is not a third party and under the law compensation can be paid only to a third party. The respondents are not liable on this legal disability, to any compensation. The deceased Bilal Ahmed Dentoo did not have a valid driving licence; his driving licence was a fake and forged. On this ground also no compensation is permissible.