ORIENTAL INSURANCE COMPANY LTD Vs. BIRBAL

JUDGEMENT

(1.) THE appellant, Oriental Insurance Company, challenges the award dated 30-9-2002 passed by the Workmen Compensation Commissioner, Sikar (hereinafter referred to as ``the Commissioner'', for short) whereby the Commissioner has awarded a compensation of Rs. 3]42]082/- to the claimant- respondent, Birbal.

(2.) IN brief, the facts of the case are that Birbal, was alleged it employed by Bhanwar Lal, his father. He met with an incident on 7-10-1999 while he was operating the thresher attached to the tractor, bearing Registration No. RJ-23-R-4079, which was insured with the appellant Company. Due to this accident, his upper right arm was crushed. Eventually, it was amputated. The son filed a claim petition against the father stating therein that he was employed by his father on a salary of Rs. 2]500/- per month and was also paid Rs. 50/- per day as expenses. Since he has suffered the accident during the course of employment, he claimed a compensation of Rs. 5]50]000/- from his father- his employer. While filing his written statement, Bhanwar Lal, defendant No. 1, the father accepted the contentions of the claim petition. He further claimed that since the vehicle was insured with the INsurance Company, the liability for the payment of the compensation was that of the INsurance Company and not his.

(3.) WE have heard the learned counsel for the appellant, have perused the case laws produced at the Bar and have examined the record submitted before this Court.