UNITED INDIA INSURANCE CO. LTD Vs. NOPA RAM

JUDGEMENT

(1.) THIS order will dispose of both the civil misc. appeal and the cross -objection thereto.

(2.) COUNSEL for the appellant -United India Insurance Co. Ltd. (hereinafter 'the Insurance Company') submitted that the award of Rs. 2,36,472/ - to the respondent -claimant (hereinafter 'the claimant') for the injuries suffered by him in an accident of 09.11.2001 when he was working on the thresher attached to the tractor No. RJ -23 -R -3138 insured with the Insurance Company is unsustainable as the claimant's employment with the insured, Richhpal, the owner of the tractor No. RJ -23 -R -3138, was not proved. It was further submitted that despite the lack of any documentary evidence, the income of the claimant was wrongfully taken at the maximum permissible of Rs. 4,000/ - p.m. at the relevant time under Explanation II of Section 4(1)(b) of the Workmen's Compensation Act, 1923 (hereinafter 'the Act of 1923'). It was then submitted that an accident occasioned by a thresher attached to the insured tractor could not be construed an accident from the use of the insured motor vehicle i.e. the tractor as the liability arising out of operating agricultural implements or machinery with the potential to cause injury to a workman is a liability covered under a separate policy in respect of which there was no contract of insurance between the Insurance Company and the owner of the tractor No. RJ -23 -R -3138. It was finally submitted that the learned Commissioner for arriving at the compensation of Rs. 2,36,472/ - has not adverted to any formula mandated under the Act of 1923, the award amount is thus arbitrary and therefore liable to be redetermined/reduced as per provisions of the Act of 1923.

(3.) HEARD . Perused the award dated 20.11.2002, passed by the learned Commissioner.