ORIENTAL INSURANCE COMPANY LIMITED Vs. GYASUDDIN

JUDGEMENT

(1.) THIS appeal has been filed against the order of the Workmen's Compensation Commissioner, Bhilwara dated April 12, 1989 by which he has granted Rs. 87,980/- as compensation and Rs. 8,798/- as penalty, interest and costs, total Rs. 96,778/ -. The facts of the case giving rise to this appeal may be summarised thus.

(2.) KHAKLA (wheat fooder) was loaded in the Truck No. RSE 3693 for being transported from Kota to Keria Keda (Bhilwara ). The truck belonged to Mohd. Farooq non-petitioner-respondent No. 6 and was insured with the Oriental Insurance Company Ltd. (appellant ). On the way, the truck came in contact with an electric wire and KHAKLA caught fire. The case of the petitioner-respondents is that the truck was being driven by the deceased Talim Hussain at the time of the accident, he was in the employment of Mohd. Farooq (owner of the truck) as a driver on monthly salary of Rs. 1,200/- besides other allowances, in the said fire he died and the petitioner respondents are his father, mother, brothers and sister and they were dependent upon him. The case of the owner and insurer of the truck is that the deceased was not in the employment of the owner of the truck, the truck-owner left it for a while at Mandal crossing, he went to his village Baneda and in his absence the deceased Talim Hussain drove away the truck. After framing necessary issues and recording the evidence of the parties, the Workmen's Compensation Commissioner passed the said order.

(3.) THERE is no force in the contention of the learned counsel for the appellant-Insurance Company that the Insurance Company would be liable if the insured Mohd. Farooq becomes insolvent as provided in Section 14 of the Act. Section 14 of the Act does not provide so. According to it, the insurer would be liable to pay the entire amount if the insured becomes insolvent.