NEW INDIA ASSURANCE COMPANY LTD Vs. MOHAN SINGH

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant-New India Assurance Company Ltd. challenging the award of compensation passed by the presiding Officer, Labour Court, Bokaro Steel City in W. C. Case No. 13 of 2004, who had been pleased to award a compensation of Rs. 1,66,800 to the claimant-respondent No, 1, who is the claimant and father of the deceased Binod Kumar, who was discharging the duty as a Khalashi on a truck owned by the respondent No. 2, Madhuri Devi and ramapati Devi. The Presiding Officer of the Labour court also ordered for payment of 12% interest on the amount awarded from the date of filing of the claim, till the date of payment, on the basis of a finding that the deceased Binod Kumar was an employee of the owner of the vehicle i. e. , Madhuri devi and Ramapati Devi.

(2.) THE appellant-New. India Assurance Company has preferred this appeal against the award passed by the Presiding Officer, Labour Court, Bokaro steel City and it has been contended that the deceased employee was an employee of the driver of the vehicle and as the relationship of master and servant between the deceased Khalashi and the employer is not established, the Insurance Company is not liable to indemnify the amount which ass awarded to the claimant under the Workmen's compensation Act.

(3.) ADMITTEDLY, policy of insurance was issued by the appellant-Insurance Company to cover the third party risk as also under the Workmen's Compensation Act but the Insurance Company is aggrieved of the fact that the relationship of master and servant having not been established between the deceased and the employer, it is not liable to pay the amount of compensation. It was also contended that there was not even a casual connection between the incident which took place, as a result of which the employee died due to the accident caused by the vehicle which was insured with the appellant-Insurance Company.