ORIENTAL INSURANCE CO.LTD Vs. BADAMI DEVI

JUDGEMENT

(1.) The present appeal has been filed by the appellant-Insurance Company under Section 30 of the Employee's Compensation Act, 1923 (hereinafter referred to as 'the E.C. Act') against the judgment and award dated 9.1.12 passed by the Employees Compensation Commissioner, Beawar, Sub-Division Beawar in Claim Application No. WCA/F/18/2008, whereby the Commissioner has allowed the claim petition of the respondent Nos. 1 to 3 (original claimants) directing the appellant-Insurance Company to pay compensation of Rs. 4,33,820/- and interest amount of Rs. 1,90,880/- and in aggregate Rs. 6,24,700/- within 60 days from the date of the order.

(2.) When the appeal was put up for admission hearing, a preliminary objection was raised by the learned advocate Mr. Vinay Mathur for the respondent Nos. 1 to 3 as regards the maintainability of the appeal, pressing into service the third proviso to Section 30(1) of the E.C. Act by submitting that the appellant-Insurance Company had not produced the certificate of the Commissioner regarding payment of the interest amount alongwith the memorandum of appeal. The matter thereafter was heard finally at the admission stage with the consent of the learned counsels for the parties.

(3.) The short facts giving rise to the present appeal are that the respondent Nos. 1 to 3 (original claimants) filed the claim petition before the Commissioner on 22.2.08 alleging interalia that Shri Omprakash Singh son of respondent No.1, husband of respondent No.2 and father of respondent No.3 was working as driver on the vehicle with steel tank No. New-07-E-240017, under the employment of the respondent No.4, the owner of the vehicle. It was further alleged that on 4.2.08 at about 11.30 A.M., an accident took place out of the use of the said vehicle and the said Omprakash Singh sustained injuries and died as a result of the said injuries on 7.2.08. The respondents-claimants had, therefore filed the claim petition claiming compensation of Rs. 6,55,410/- with interest @ 12% per annum against the appellant and the respondent No.4 (non-claimants). In the said claim petition, the respondent No.4 did not appear, however the claim petition was contested by the appellant (non-claimant No.2), contending interalia that no such accident as alleged had taken place and the deceased Omprakash Singh had died as a result of electric shock received by him from the high tension wire, and not as a result of any accident out of the use of the vehicle in question. It was also contended that the deceased was not the employee of the respondent No.4 and a false claim was made by the claimants involving the vehicle in question in order to get the compensation. The commissioner allowed the claim petition of the claimants against the appellant-Insurance Company only awarding the compensation as stated hereinabove by the impugned award. Being aggrieved by the said award, the appellant-Insurance Company has preferred the present petition under Section 30 of the E.C. Act.