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1987 Supreme(Gau) 2

B.L.HANSARIA
Oriental Fire and General Insurance Company – Appellant
Versus
Nani Bala Devi and another – Respondent


Advocates Appeared:
A.K. Bhattacharyya and A.K. Das, N.C. Das and R.K. Jain

Judgement

JUDGEMENT :- These cases have raised a question of general importance which is related to granting of compensation under the provisions of the Workmens Compensation Act, 1923, hereinafter the Workmens Act. The question is whether an insurance company can be directed to pay the compensation awarded to a workman.

2. The facts which need be noted are these. Deceased Tarini was employed as handyman-cum-cleaner of truck No. ASU 3181 which was owned by the respondent/opposite party No. 2 Shri Ghewar Chand Jain who had insured his vehicle with the appellant as required by the provisions of the Motor Vehicles Act, 1939, hereinafter the MV Act. The workman had sustained injuries in an accident arising out of, and in the course of, his employment. The accident had taken place on 14-3-78 and the workman succumbed to his injuries on 21-3-78. The Commissioner appointed under the provisions of the Workmens Act was approached by the widow of the deceased claiming a sum of Rs. 18,000/- as compensation as the monthly salary of the deceased was Rs. 250/-. The Commissioner on being satisfied that the accident had been caused in the course of employment of deceased Tarini, and finding that the

































































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