ORIENTAL INSURANCE CO LTD Vs. DEVI RAM

JUDGEMENT

(1.) The non-applicant-appellant-Insurance Company has preferred this Civil Misc. Appeal under section 30 of the Workmen's Compensation Act, 1923 (hereinafter to be referred as 'the Act') against the judgment and award dated 24.5.2008 passed by the Workmen's Compensation Commissioner, Alwar in Claim Case No. 20/2006 whereby an award of Rs. 2,21,004/- alongwith interest @ 12% per annum from the date of accident has been passed. The brief relevant facts for the disposal of this Civil Misc. Appeal are that Shri Devi Ram, who was employed as a driver on the vehicle (truck) bearing registration No. RNG-2665, owned by respondent-Shri Mehar Chand received serious injuries and as a result thereof both of his legs and one of his hand were amputated. In order to claim compensation, Shri Devi Ram filed a Civil Suit under the provisions of the Fatal Accident Act before Additional District Judge, Kishangarhbas which was registered as Civil Suit No. 62/2004. That suit was filed on 21.3.1996 and in that suit admittedly the appellant-Insurance Company was not made a party. During the course of that suit the injured-Shri Devi Ram filed an application under Order XXIII, Rule 1 read with section 151 CPC with a prayer that he may be allowed to withdraw the suit and the same was allowed by the Court vide order dated 5.10.2005 and the plaint was returned with a liberty to Shri Devi Ram to file a claim petition before a competent Court. Thereafter, Shri Devi Ram filed the present claim petition under the provisions of the Act before the learned Commissioner on 10.11.2005 claiming therein compensation as well as interest and penalty amount. The appellant and respondent No. 7 filed their respective reply and the learned Commissioner after recording evidence and hearing the parties passed the impugned judgment and award. It was ordered that the appellant-Insurance Company shall pay Rs. 2,21,004/- as compensation and shall also pay interest @ 12% per annum on this amount from the date of accident i.e. 24.12.95 till the amount is paid to the claimants. It is to be noted that during pendency of the claim petition, the claimant-injured-Shri Devi Ram died on 14.6.2007 and in place of him his dependents respondents No. 2 to 6 were substituted. Feeling aggrieved, the appellant-Insurance Company is before this Court by way of this Appeal.

(2.) In support of his submissions, the learned Counsel for the appellant relied on the cases of Kaniji Bi v. Mines Manager, Damua Colliery, Western Coalfields Ltd.,2009 121 FLR 875 Naseeban and another v. Surendra Pal and others, 1995 1 ACC 537 and M. Veerappa v. Evelyn Sequeira and others, 1988 AIR(SC) 506

(3.) On the other hand, the learned Counsel for the respondents by supporting the impugned order, submitted as below:-