BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED Vs. MOOLI

JUDGEMENT

(1.) This Civil Misc. Appeal has been filed by the appellant-Insurance Company (for short 'the Insurance Company') under Sec. 30 of Workmen's Compensation Act, 1923 (for short, the Act of 1923) against the judgment dtd. 30/11/2012 passed by learned Workmen Compensation Commissioner, Sikar in claim case No. WCC(F)47/2010 titled as Smt. Mooli & Anr. v. Lalit Kumar & Ors., whereby the respondent No. 3-Owner and appellant (respondent Nos. 1 and 2 therein) have been directed to pay Rs.4, 48, 000.00 as compensation alongwith interest @ 9% per annum thereon from 24/6/2010, till deposition of the amount with the Commissioner. They have also been directed to deposit Rs.2500.00 with the Commissioner towards funeral expenses for payment thereof to the respondent Nos. 1 and 2-claimants, within 30 days from the date of order, failing which the interest would be payable @ 12% per annum in place of 9% per annum.

(2.) Learned counsel for the Insurance Company submits that learned Commissioner wrongly allowed the claim petition filed by the claimants. Learned counsel for the Insurance Company also submits that there was no relationship of employee and employer between the deceased and owner of the offending vehicle. Learned counsel for the Insurance company also submits that there was no evidence to the effect that the deceased was earning Rs.6, 000.00 per month and also getting Rs.100.00 per day as allowance. Learned counsel for the Insurance Company also submits that only tractor was insured with the Insurance Company and the tractor had registered sitting capacity of one person i.e. driver. Premium was also charged for legal liability of only one person i.e. driver, therefore, liability of Khallasi was not covered in the Insurance Policy. So, appeal be allowed and judgment dtd. 30/11/2012 passed by learned Commissioner be set aside.

(3.) At the outset, learned counsel for the claimants submits that no substantial question of law is involved in this appeal. The appeal has been submitted on the findings of facts. In support of his contentions, counsel for the claimants has placed reliance on the judgments delivered by the Hon'ble Apex Court in the cases of Golla Rajanna Etc. v. The Divisional Manager And Anr. reported in 2017 (1) SCC 45 and North East Karnatka Transport Corporation v. Smt. Sujatha reported in 2019 (11) SCC 514.