NEW INDIA ASSURANCE COMPANY LIMITED Vs. DEV SINGH

JUDGEMENT

(1.) The appellant/insurance company has challenged award dtd. 14/12/2009 passed by the Commissioner under Workmens Compensation Act, 1923 (Assistant Labour Commissioner), Jammu (hereinafter to be referred as the Commissioner), whereby a sum of Rs.4,30,560.00 along with interest at the rate of 12 per cent has been awarded in favour of the claimants/respondent Nos. 1 to 4. The liability of paying the compensation has been fastened upon the appellant/insurance company.

(2.) It appears that on 20/5/2006, Balwan Singh, the predecessor in interest of the claimants, who was employed with respondent No. 5, owner of the Gas Tanker bearing No. HR-38-J-9707, while driving the said Gas Tanker suffered an accident on reaching Daha Khani, W. No. 5, Keri Bari, District Chitwan (Nepal). As a result of the accident, Balwan Singh died. The accident had arisen out of and in the course of employment of the deceased with respondent No. 5 and at the time of the accident, the offending vehicle was carrying Liquefied Petroleum Gas(LPG) from Baruni Oil Refinery. The deceased was 22 years old at the time of the accident.

(3.) The claim petition was contested by the owner (respondent No. 5) and the insurer, the appellant herein. Respondent No. 5, the owner of the offending Tanker admitted that the deceased was employed with it and it was pleaded that the vehicle in question was insured with the appellant/insurance company at the time of the accident. The appellant/insurance company raised a number of defences and one of the defences raised by the appellant/insurance company was that the deceased-Balwan Singh was not holding an effective and valid licence at the time of the accident inasmuch as he was not authorized to drive a vehicle carrying hazardous goods. On the basis of the pleadings of the parties, the Commissioner framed the following issues: