UNITED INDIA INSURANCE CO. LTD Vs. MADNI BAI

JUDGEMENT

(1.) The instant Misc. Appeal has been filed against the Judgment & Award, dtd. 19/12/2013 passed by the learned Commissioner, Workmen's Compensation, Rajsamand in Claim Case No.11/2011 whereby, the learned Commissioner decided the Claim Petition filed by the Respondents/Claimants and an amount of Rs.4,52,760.00 @ 12% per annum was awarded in their favour. The learned Commissioner to satisfy the Award, held Respondent-Insurance Company responsible liable.

(2.) The facts of the case are that the Claimants/Respondents filed a Claim Petition stating inter alia that on 21/4/2011 at around 2:00 pm, the Driver of Mahendra Pickup Van bearing No.RJ-06-GA-3178 along with Ram Lal (since deceased) were carrying wheat bags from village Mohanti to village Charna. Suddenly the vehicle has unbalanced because some work was going Tamil Nadu Motor Accident Cases / September 2024 on Kapasan and Mungana Highway Road and due to pressing the brake by the Driver, the vehicle got turned, as a result whereof, Ram Lal sustained grievous injuries and succumbed to death when he was taken to Kapasan Hospital, Udaipur for treatment and Claimants (family members of deceased) claimed Compensation before the Commissioner, Workmen's Compensation under Ss. 10 & 22 Workmen's Compensation Act, 1923. In the Claim Petition, it was alleged that deceased Ram Lal (son of Respondent No.1) was employed as a Khalasi on vehicle insured with the Appellant-Insurance Company. In this regard, FIR No.194/2011 was lodged before the Police Station Kapasan, District Chittorgarh.

(3.) Notices of the Claim Petition were issued by the learned Commissioner. A Reply was filed by the Respondent No.5 (Owner of the vehicle) stating therein that at the time of accident, the vehicle was insured with the Appellant-Insurance Company, hence the Insurance Company is liable to satisfy the Award. He further stated that number of the vehicle in the FIR was mentioned as RJ-06-GA-3178, however, Challan has wrongly been filed against the vehicle.