UNITED INDIA INSURANCE CO LTD. Vs. SUMAN

JUDGEMENT

(1.) This is an appeal under Sec. 30 of the Workmen Compensation Act, 1923 by the insurer of the vehicle against award dtd. 19/4/2008 made by the Commissioner under the Act in Claim Case No. WCCF 64/2006 whereby an award of Rs.4,33,820.00 along with interest was made in favour of respondent Nos.1 to 3.

(2.) The background of this case is that one Ramesh Chandra S/o Palaram died in a motor accident on 24/4/2002. At the time of accident, the deceased was driving a truck bearing Registration No. HR 10 GA-1033 owned by respondent Mahendra Singh. The truck turned turtle as the driver lost balance. Another driver of the Truck who was sleeping in the truck itself survived. This driver Rampal lodged FIR No. 223/2002 with Kotputli Police Station on the date of accident itself narrating the manner of incident. Initially, one Mangali along with her three daughters brought case for compensation under Sec. 163-A of the Motor Vehicles Act vide Motor Accident Claim Case No. 689/2005. The Tribunal was of the view that since the victim was himself negligent, no award can be made under Sec. 163-A of the Act, rather the dependents would be at liberty to move the appropriate forum under the Workmen Compensation Act. Accordingly, the Workmen Compensation Case aforesaid was brought by the respondents and the Commissioner made the award as referred above.

(3.) Learned counsel for the appellant Mr. Virendra Agrawal contends that substantial question of law involved in this appeal is whether the award obtained from the Commissioner was result of fraud played upon the Court and if the answer is in positive, the whole award would get vitiated. Learned counsel for the appellant has placed reliance on the judgment of the Hon'ble Supreme Court in United India Insurance Co. Ltd. Vs. Rajendra Singh and Ors. etc., reported in (2000) 3 SCC 581.