RATAN PRASAD AGRAWAL Vs. DHARAM DEO PASWAN

JUDGEMENT

(1.) By Court Since in all these appeals common question of law and facts ARE involved, they have been heard together and are disposed of by this order.

(2.) M.A. No. 111 of 2006 and M.A. No. 112 of 2006 have been filed by the appellant-Insurance Company against the judgment and award dated 31.1.2006 passed by Deputy Labour Commissioner cum Commissioner Workmen's Compensation in C.W.C. No. 5 of 2002 and C.W.C. No. 6 of 2002 awarding compensation on account of death of the driver and cleaner of a truck bearing registration No. BPN 8211.

(3.) The claimants' case is that on 27.5.2001 an information was lodged with the Khelari Police Station to the effect that the driver Umesh Prasad and cleaner Jitendra Sharma went to the Mines on 15.5.2001 and thereafter they proceeded to Chandil along with the truck loaded with coal. Thereafter both the driver and the cleaner along with the truck became traceless. On the basis of First Information Report, the police conducted investigation and two accused persons were apprehended who confessed that both the driver and cleaner have been killed. The Claim Case was filed in the year 2002 and on being noticed the Insurance Company appeared and contested the case on the ground, inter alia, that the claimants case is not maintainable as because unless the driver and cleaner are presumed to be dead after the expiry of seven years no compensation is payable on the ground of death of these persons. On the basis of evidence adduced by the parties, the Commissioner in terms of the order dated 31.1.2006 held that the claimants are entitled to get compensation and directed the Insurance Company to pay compensation and respondent-owner of the vehicle was directed to pay the interest on the said compensation amount form the date of accident. Hence, M.A. No. 111 of 2006 and 112 of 2006 have been filed by the Insurance Company against the award whereas M.A. No. 158 of 2006 has been filed by the owner of the vehicle against the interest on the awarded amount.