NEW INDIA ASSURANCE CO. LTD Vs. FAQIR CHAND

JUDGEMENT

(1.) Award dated 23rd April, 2010 passed by the Assistant Labour Commissioner, Jammu (for short "ALC") under Workmen's Compensation Act, 1923 (for short "the Act") is called in question in this appeal filed in terms of Section 30 of the Act.

(2.) The Claim Petition was filed before the ALC, Jammu under Workmen's Compensation Act, 1923 wherein it was claimed that claimants' son namely Vijay Kumar was employed as driver by Suraj Parkash, who was respondent no.1 in the Claim Petition to ply his Temo Travellor No. JK02P-3374 from Jammu to Srinagar at a monthly salary of Rs. 5,000/-(rupees five thousand) including Rs. 200/- (rupees two hundred) per trip. It was also pleaded that the deceased was making 15 trips per month to Srinagar. It was also pleaded that on 8th of January, 2003, the North India was covered by fog and because of that the vehicle driven by deceased Vijay Kumar skidded of the road and fell into a Nallah at Achar Kund Near Nandni, Tehsil Jammu resulting into death of Sh. Vijay Kumar. It was also stated that the death took place in the course of his employment under Sh. Suraj Parkash. It was also stated that the said vehicle was insured with appellant-Insurance Company under Insurance Note No. 411997 w.e.f. 09.05.2002 to 08.05.2003.

(3.) Respondent no. 1-Suraj Parkash filed his objections before the ALC, Jammu wherein he stated that the Claim Petition as also the claim projected therein is not maintainable against him as he had sold the vehicle in question to one Sh. Narayan Sharma S/o Late Jagan Nath vide Sale Deed dated 07.09.2001 and had also handed over the possession of said vehicle to him. The Appellant-Insurance Company also filed objections in which they pleaded that, in the Claim Petition nowhere it is mentioned that the death of Sh. Vijay Kumar had taken place during the course of his employment with the employer. It was admitted by the Insurance Company that the vehicle in question was insured with them in the name of Sh. Suraj Parkash under Policy No. 352503/31/02/00208 for the period from 09.05.2002 to 08.05.2003. Copy of the Inurance Policy was enclosed along with the Objections.