NEW INDIA ASSURANCE CO. LTD. Vs. PAPPU DEVI

JUDGEMENT

(1.) The instant misc. appeal has been preferred by the appellant under Sec. 30 of the Employees Compensation Act, 1923 ('the Act of 1923') challenging the legality and validity of the judgment/ award dtd. 23/12/2015 passed by the learned Commissioner, Employee's Compensation ('EC'), Balotra (Barmer) Camp Pali, in Claim Case No.E.C.C.F 52/2011 whereby the learned Commissioner held the appellant-Insurance Company liable to pay the compensation to the tune of Rs.8,54,280.00.

(2.) Brief facts of the case are that on 16/4/2011, Shri Joga Ram (since deceased) was going from Balasore to Cuttak while driving a Truck trailor bearing Registration No.RJ-19GB-1020, when he stopped the vehicle in order to check the condition of wheel, an unknown vehicle hit him and fled away and thus the deceased succumbed to death during the course of the treatment. The incident was registered at police station Khantapada, District Balasor. His legal representatives preferred a claim petition in terms of the Act of 1923 against the employer and insurer of the vehicle.

(3.) After filing of claim petition, notices were issued to the non-claimant No.1 and none appeared on his behalf and therefore, ex-parte proceedings were initiated against him. A reply was filed on behalf of non-claimant No.2-Insurance Company while denying the averments made in the claim petition. It is stated in the reply that the deceased driver Joga Ram was having a fake license and the appellant-Insurance Company is not liable to pay the compensation in view of violation of the policy conditions and thus, being aggrieved of the joint and several liability imposed upon the appellant-Insurance Company and the respondent no.7/employer, the appellant-Insurance Company prefers the present misc. appeal.