NATIONAL INSURANCE CO LTD Vs. NEMA

JUDGEMENT

(1.) THESE two appeals arise out of the common judgment and award dated 9. 04. 1996 passed by learned Workmen's Compensation Commissioner, Jodhpur (hereinafter referred to as "the Commissioner") in W. C. Cases No. 2/93 and 1/93, and involve common questions of law and facts, therefore, for convenience, they are disposed of together by a common judgment.

(2.) BRIEFLY stated facts to the extent they are relevant and necessary for decision of these two appeals are that deceased Arjun Ram and Mohd. Saddiqui were engaged on truck No. RNS 2639 as driver and cleaner respectively in employment of respondent No. 3 Smt. Santosh, owner of the said truck. On 1. 01. 1991 the said truck loaded with goods, was plying from Bharatpur to Jaipur. It was driven by its driver Arjun Ram and Mohd. Saddiqui was cleaner of the said truck on the relevant date. When the said truck reached in the area of village Kamalpura, it collided with another truck-troller. Due to this accident, the driver of the said truck Arjun Ram and the cleaner Mohd. Saddiqui received injuries and ultimately succumbed to the injuries.

(3.) LEARNED counsel for the owner contended that by accepting additional premium the appellant Insurance Company had agreed in the light of endorsement IMT - 17 of the policy to cover all liabilities incurred by the insured in the Compensation Act. He has relied an a judgment of this Court in United India Insurance Company Limited vs. Roop Kanwar and others, 1991 ACJ 74 (Rajasthan ). He further contended that the judgment of this Court came to be considered by the Hon'ble Supreme Court in Ved Prakash Garg vs. Prem Devi (Supra), wherein the Hon'ble Supreme Court held that in view of this contractual coverage of the liability, the Insurance Company was liable to meet the claim for penalty and interest as imposed upon the insured under Section 4-A (3) of the Compensation Act.