DEVENDRA KUMAR SINGH Vs. ORIENTAL INSURANCE COMPANY

JUDGEMENT

(1.) This appeal has been preferred by employer, namely, Devenndra Kumar Singh against the judgment and award dated 26th November, 2009 passed by learned Presiding Officer, Labour Court, Ranchi-cum-Commissioner, Workmen's Compensation, in connection with W.C. Case No. 13 of 2007, whereby the appellant has been directed to pay Rs. 1,94,916 as compensation to the claimant/respondent Nos 2 and 3. The issue involved in this appeal is limited to the extent, whether additional premium of Rs. 100 paid by the appellant covers the risk of cleaner or not.

(2.) The appellant has filed copy of the insurance policy at Annexure-3 which has been marked as Exhibit 5 in the Court below. It is pointed out that additional premium of Rs. 100 was paid to cover the risk of driver and cleaner. It is further pointed out that in the counter-affidavit filed by the Respondent/Insurance Company, they have admitted in para 3 that additional premium of Rs. 100 covers risk of one driver, one cleaner and two labourers. Since the Respondent/Insurance Company has admitted that the policy issued against Dumper No. JH018961, covers risk of one driver, one cleaner and two labourers, the Respondent/Insurance Company should have been directed to pay the compensation amount to the claimants and, therefore, the judgment of learned Presiding Officer, Labour Court, Ranchi-cum-Commissioner, Workmen's Compensation is incorrect to this extent and that is to be set aside and the Insurance Company may be directed to satisfy the awarded amount.

(3.) Learned Counsel appearing for the Respondent/Insurance Company has raised objections and submitted that the appellant appeared before the Court of learned Presiding Officer, Labour Court, Ranchi-cum-Commissioner, Workmen's Compensation, but did not file show cause/written statement even after taking adjournment and they have not participated in the proceeding.