NATIONAL INSURANCE CO LTD Vs. BUDHANI KISKU

JUDGEMENT

(1.) THIS appeal by the appellant insurance company is directed against the judgment and award dated 16. 9. 2003, passed by Presiding Officer, labour Court, Hazaribagh in W. C. Case No. 6 of 2002 whereby a sum of Rs. 3,00,000 has been awarded by way of compensation on account of death of the deceased.

(2.) THE facts of the case lie in a narrow compass: the claimant filed an application for grant of compensation stating, inter alia, that her son Karu Kisku was employed as khalasi under the respondent, Jai Kumar singh, owner of the bus bearing registration No. BR 20-P 0096 and he was getting rs. 3,000 as monthly wages and Rs. 25 for fooding per day. On 2. 2. 2002 as usual, her son, Karu Kisku was attending his duty as khalasi. On the instruction of the employer he was guarding the valuable luggage of the passengers on the roof of the bus and when the bus reached village Budhiadih, due to rash and negligent driving of the bus by the driver, the deceased fell down from the roof of the bus and received serious injury. Claimants' further case was that one Pandu Kisku, the brother of the deceased was also making journey in the same bus as a passenger. He brought the injured Karu Kisku to the hospital where he died.

(3.) THE respondent owner of the vehicle as also the appellant insurance company contested the claim by filing written statement. The respondent owner of the vehicle denied that deceased was under his employment and he was employed as khalasi in the bus. His further case was that the vehicle was insured with the insurance company and, therefore, any amount of compensation if awarded, shall be paid by the insurance company. Appellant insurance company also denied the relationship of employer and employee and further stated that the deceased was travelling on the roof of the bus which was in gross violation of the provisions of the Act and the terms of the insurance policy. The court below, after considering the evidence, both oral and documentary, recorded a conclusive finding to the effect that the deceased was employed under the respondent owner of the vehicle as khalasi and in course of employment he sustained injury and died.