UNITED INDIA INSURANCE CO.LTD. Vs. HUSANI BAITHA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 2nd March, 1994 whereby the learned single Judge dismissed the appeal field by the appellant Insurance Company.

(2.) THE undisputed fact is that one Ashok Baitha died in a accident which took place on 10.1.1989 with the truck bearing registration No. BPY -4077. The legal representatives of the said deceased, Ashok Baitha, moved an application before the Com - missioner, Workmen Compensation, Hazaribagh for the grant of compensation on the ground, inter alia, that during the relevant time, the deceased was the driver of the said truck. The owner of the truck submitted an information to the Commissioner, Workmen Compensation through a letter dated 15.3.1990 stating therein that the accident took place on 10.1.1989 and the deceased Ashok Baitha who was the employee of the Company as driver. The appellant insurance company also appeared before the Commissioner and filed a written statement. Curiously enough no such defence was taken that the deceased Ashok Baitha was not the driver of the offending truck nor any defence was taken that the deceased was not the employee or the owner of the truck. The Commissioner after hearing the parties awarded compensation of Rs. 86.764/ -. Against the said award, the appellant filed appeal before this Court in Misc. Appeal No. 289/91 (R). The appellant for the first time, before this Court, assailed the award on the ground that it was Amarjit Kumar Singh, who was driver of the truck on the relevant time and the Ashok Baitha was Khalasi of another truck.

(3.) WE are afraid that this court in letters Patent Court will take notice of the argument that has been canvassed by the learned counsel appearing for the appellant which has no nexus with the facts available on the record.