NATIONAL INSURANCE CO. LTD. Vs. DHAPU KANWAR

JUDGEMENT

(1.) The misc. appeal - S.B. C.M.A. No. 974/2015 (hereinafter referred to as 'the appeal') has been preferred by the appellant-Insurance company under Sec. 30 of the Employees Compensation Act, 1923 against the judgment and award dtd. 11/3/2015 (hereinafter referred to as 'impugned award') passed by Employees Compensation Commissioner, Udaipur in Claim Case No. 22/2011 seeking relief that the impugned award be kindly quashed and set aside. The respondent no. 3/employer in the appeal, who is the owner of Tanker bearing registration No. RJ27 GA 5631, has also filed a misc. Cross Objection under Order 41 Rule 22 of CPC, 1908 in the appeal against the impugned award dtd. 11/3/2015 seeking the relief that the impugned award be quashed and set aside qua the cross objector.

(2.) The facts germane to the present appeal and cross objection are that one Lehar Singh (hereinafter 'deceased') was employed by respondent no. 3/employer (hereinafter 'Cross Objector/employer') as cleaner on her tanker bearing registration no. RJ27 GA 5631(hereinafter 'tanker'), which was registered and insured in the name of Lad Kanwar ('Cross Objector/employer').During the course of employment the deceased was coming from Kandla to Sumerpur in the tanker in the capacity of cleaner (Khallasi) when on 21/10/2008 at around 04:00 AM near Sadbhavana Camp, Babara Patiya the Respondent No. 2 (driver of the tanker) while driving the tanker rashly and negligently dashed in the rear portion of a trailer bearing registration no. RJ32 GA 2695(hereinafter 'trailer'), which was standing there. As a result of the accident the deceased died on the spot. The FIR No. 79/2008 was lodged before Police Station Sankalpur, District Radhanpur on 21/10/2008 by the respondent no. 2/driver.

(3.) Thereafter, a registered legal notice (Annex 1) dtd. 8/7/2010 was sent by brothers of the deceased namely- Mr. Himmat Singh- Claimant/Respondent no. 1/1 and Mr. Pratap Singh-claimant/ Respondent no. 1/2 to the Cross Objector/employer wherein it was stated that the deceased was employed as cleaner by the Cross Objector/employer. Further, it was stated in the said legal notice that the Cross Objector/employer has failed to deposit a compensation of Rs.4,45,420.00 within the stipulated time of one month as required under the Workmen Compensation Act, 1923, therefore the Cross Objector/employer is liable to penalty of 50% of the compensation i.e., Rs.2,22,710.00 along with the amount of compensation. Further, it was stated by the claimants (Respondent no. 1/1 and Respondent no. 1/2) in the said legal notice that if the employer fails to deposit said amount of the compensation and penalty within 7 days from the date of receipt of the legal notice then appropriate proceedings will be initiated against the employer before the court.