SURESH SINGH Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) Heard learned counsel for the parties. The admitted facts which are not in dispute are that the appellant was working as Revenue Inspector under the Suratgarh Municipality on May 7, 1998 while he was driving the vehicle of Municipality. On that day, at about 1 a.m. tyre of the jeep burst and an accident took place, as a result of which the appellant suffered severe injury, which resulted in amputation of his right leg.

(2.) Information of the accident was given to the employer on May 7, 1998 and notice under the Workmen Compensation Act was : given to the Municipality on March 3, 1999, however, no compensation was paid under the aforesaid Act. He, therefore, lodged a claim before the Commissioner, Workmen Compensation, Sriganganagar. The vehicle was; insured with the National Insurance Company. Since the Municipal Board did not appear to contest after notice, the matter was proceeded ex-parte. The Insurance Company contested the claim inter alia on the ground that the vehicle was being driven by the claimant. He was not holding a valid licence and also that since he was a Revenue Inspector and not a paid driver, therefore, Insurance cover will not cover the risk of the Revenue Inspector driving any vehicle. . It also stated that the claim has been filed collusively with the Municipal Board to recover the money from the insurance company because the vehicle was insured with it.

(3.) The claimant produced before the Commissioner, Workmen Compensation a document stated to be autorising him to drive a vehicle and, therefore, it was stated that he was duly engaged as driver at the time he was driving the vehicle when accident was caused. The Commissioner considering that the claimant was authorised by the Municipal Board to drive the vehicle and that he holds a valid driving licence, awarded the claim of Rs. 1,60,641/- with interest of Rs. 35,375/- totalling Rs. 1,96,016/-.