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2019 DIGILAW 2561 (RAJ)

Oriental Insurance Company Ltd v. Nathu Singh

2019-09-23

PUSHPENDRA SINGH BHATI

body2019
JUDGMENT Pushpendra Singh Bhati, J. - The appellant insurance company has preferred this appeal under Section 30 of the Workmen s Compensation Act, 1923 challenging the judgment dated 18.10.2000 passed by the Workmen s Compensation Commissioner, Bhilwara. While the claimant injured Nathu Singh has filed cross objections seeking enhancement of compensation amount. 2. Learned counsel for the appellant submits that admittedly, the workman Nathu Singh was seriously injured in an accident on 12.2.21992 while he was travelling in Tractor Driller No.1474 as a driller of the drilling machine. Learned counsel for the appellant submits that the insurance company is liable to the extent of risk of third party and the driver and admittedly, the injured claimant was not a driver or third party because he was travelling in the tractor driller which was not covered by the insurance policy. 3. XXX XXX XXX XXX 4. Learned counsel for the respondent claimant refutes the submission but is not able to show as to in what capacity, the insurance policy shall cover the claimant. However, learned counsel for the respondent submits that interest and penalty ought to have been awarded in accordance with Section 4A of the Act. 5. After hearing the counsel for the appellant and after going through the pleadings and after examining the material available on record, this Court is of the firm opinion that since the claimant was travelling as a driller on the tractor and he was neither a driver nor a third party, therefore, is not covered by the insurance policy. Hence, the appellant insurance company is not liable and the driver or the owner alone shall be responsible to pay the compensation amount. This Court further finds that the penalty and interest ought to have been awarded to the injured claimant. 6. In view of the above, while absolving the appellant insurance company of its liability to comply with the award, this Court hold the owner respondent no.2 to be liable to pay the awarded amount. The claimant shall also be entitled to receive interest on the amount so determined at the rate of 12% per annum from the date of filing the claim petition and also a penalty to the tune of 20% of the compensation amount. 7. The present appeal and the cross objections are disposed of in the above terms. All pending applications also stand disposed of.