PERMANAND MANDAL Vs. MOST. BIBI FATIMA

JUDGEMENT

(1.) Heard the parties.

(2.) This miscellaneous appeal has been preferred against the award dated 15.3.2010 passed by the Deputy Labour Commissioner-cum-Commissioner for Workmen Compensation Act, Santhal Pargana Division, Dumka in Workmen Compensation Case No. 14/07(C) wherein defendant no. 1/appellant has been directed to pay a sum of Rs. 1,87,182.00 to the applicant/respondent 1st Set Most. Bibi Fatima by 15.4.2010; and also for quashing the order dated 10.6.2010 passed in Workmen Compensation Case No. 14/07(C), whereby the review petition, filed by the defendant no. 1/appellant, has been rejected.

(3.) The brief facts, involved in this case, is that applicant nos. 1 and 2 -respondents 1st Set namely, Bibi Fatima and Md. Ilias Ansari, filed an application before the Commissioner for Workmen Compensation Act, Santhal Pargana Division, Dumka against defendant no. 1-appellant on 112.2007 which was registered as Workmen Compensation Case No. 14/07(C). The case of the applicant nos. 1 and 2 -respondents 1st Set is that the husband of the applicant no. 1 and son of applicant no. 2 namely, Md. Sajjad Ansari was working as driver under the defendant no. 1-appellant. During the course of carrying passengers in the vehicle bearing Registration No. JH17A-1087 from Mahagama to Sahibganj, Md. Sajjad Ansari was murdered on 31.2007 for which FIR was lodged against unknown persons. Claiming compensation under the Workmen Compensation Act, the applicants/respondents 1st Set filed the said application. After notice, defendant no. 1/appellant took plea that the vehicle was insured with the Oriental Insurance Co. Ltd., Godda-defendant no.2/respondent 2nd Set and the liability of the appellant in respect of the claim made by the applicant was fully covered by the said Insurance policy of the Oriental Insurance Co. Ltd. hence the Oriental Insurance Co. Ltd. was liable to pay the compensation. In this backdrop Oriental Insurance Co. Ltd. was impleaded as defendant no.2 in the said application for workmen compensation. Both, the appellant and the Oriental Insurance Co. Ltd. filed written statements taking plea that at the time of the murder of the deceased-Md. Sajjad Ansari was not driving the vehicle; hence, they are not liable to pay the compensation. Before the Deputy Labour Commissioner-cum-Commissioner for Workmen Compensation Act, only applicant nos. 1-Most. Bibi Fatima was examined as sole witness from either of the parties and she has not been cross-examined by the Defendants. Thus the testimony of the said sole witness has remained unchallenged. On the basis of the evidence available on record, the impugned award was passed.