NATIONAL INSURANCE COMPANY LTD Vs. BEENA DEVI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dt. 30. 11. 2000 passed by learned Commissioner, Workmen's Compensation, Chittorgarh (hereinafter referred to as `the Commissioner') in W. C. Case No. 6/98, whereby the Commissioner awarded a sum of Rs. 1,35,560/- as compensation in favour of respondent-claimants No. 1 to 5 ( (hereinafter referred to as `the claimants') and against respondent No,6 and the appellant National Insurance Company Ltd. (hereinafter referred to as `the appellant-insurer' ).

(2.) I have heard learned counsel for the parties and perused the judgment and award impugned.

(3.) IN Narcinva V. Kamat and Another vs. Alfredo Antonio Doe Martins and Others (1), the Hon'ble Supreme Court observed as under:- " The insurance company complains of breach of a term of contract which would permit it to disown its liability under the contract of insurance. If a breach of a term of contract permits a party to the contract to not to perform the contract, the burden is squarely on that party which complains of breach to prove that the breach has been committed by the other party to the contract. The test in such a situation would be who would fail if no evidence is led. "