LAWS(JHAR)-2008-7-59

UNITED INDIA INSURANCE COMPANY LTD. Vs. HASHINA KHATOON

Decided On July 14, 2008
UNITED INDIA INSURANCE COMPANY LTD. Appellant
V/S
Hashina Khatoon Respondents

JUDGEMENT

(1.) THIS appeal has been filed against the award dated 19.7.2006 passed by the Workmen Compensation Commissioner, Hazaribagh in W.C. Case No. 30 of 2004 (Claim) allowing a compensation of Rs. 2,29,144/ - to the legal representatives of the deceased, who had been employed to drive the vehicle belonging to the respondent No. 6, Ishwar Singh.

(2.) ADMITTEDLY , the deceased driver died during he course of driving the vehicle owned by the respondent No. 6, Ishwar Singh, due to sudden collapse of the roof while he was taking rest outside the Line Hotel. The truck which was driven by the deceased was also admittedly insured with the appellant, United India Insurance Company Ltd., Hazaribagh and hence the Court below was pleased to determine the compensation payable to the legal representatives of the deceased to the extent of Rs. 2.29,144/ -. Since the vehicle was insured with the appellant -Insurance Company, the amount of compensation was ordered to be paid by the Insurance Company, but the Insurance Company has preferred this appeal, assailing the award.

(3.) IN sofar as quantum of compensation is concerned, learned Counsel has rightly not raised any argument against the same, since the quantum of compensation cannot be held to be exorbitant in any manner.