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2015 Supreme(Gau) 1124
Gauhati High Court
Rumi Kumari Phukan, J.
National Insurance Co. Ltd. - Appellant
Versus
Hanufa Khatoon and Ors. - Respondent
MFA Nos. 148, 149 and 151 of 2003
Decided On : 27-02-2015
For the Appellant : A. Ahmed
For the Respondents: I.A. Talukdar
Headnote:
Workmens Compensation Act - Section 3 - Accident - Vehicle fell down into a deep pond - Claim for Compensation - Owner of vehicle has admitted about accident, but has contended that vehicle is a goods carrier and on date of accident vehicle was hired by some vegetable vendors who were in vehicle as owners of the goods for carrying vegetables from bazaar - He had categorically denied contention of claimants that deceased labourers were under his employment - Insurance Company has also submitted in his written statement denying all contentions raised by claimants and also denied responsibility to pay compensation in all respect Insurance Company has also submitted in his written statement denying all the contentions raised by claimants and also denied responsibility to pay compensation in all respect – Held, Learned Commissioner has concluded as O.P No. 2 has paid premium for labourer also he cannot deny himself to be employer of deceased which is also not maintainable - There is no any satisfactory evidence adduced by claimant that deceased died in course of his employment while he was an employee under O.P No. 2 - Best evidence was driver of said vehicle to drove vehicle and person who took he vehicle on hire to prove that deceased was as employed as a labourer under O.P No. 2, was not adduced and vague evidence of claimant is totally in sufficient to hold that deceased was a workman under employer/O.P No. 2 and he made accident in course of his employment - Due to above reasons award made by the learned Commissioner cannot sustain and hence set aside - Claimant petitioner however can approach to proper forum for getting compensation - Amount if any paid to claimant is to be returned to the appellant in due course - Appeal stands disposed of.
1. By this common judgment, I propose to dispose of the above mentioned three appeals being M.F.A. No. 148 of 2003, M.F.A. No. 149 of 2003 and M.F.A. No. 151 of 2003, which arise out of the common judgment and order dated 20.8.2003 passed by the Commissioner, Workmen's Compensation, Nagaon in W.C. Case No. 35 of 2001, W.C. Case No. 36 of 2001 and W.C. Case No. 37 of 2001. All the respondents claiming themselves to the wives of the labourers engaged in the vehicle No. ASN-7151, a truck owned by one Shri Khokan Saha, Son of Shri Monoranjan Saha, Resident of Moirabari, P.O. Moirabari, District-Nagaon, preferred claim cases before the Commissioner, Workmen Compensation, Nagaon, on the ground that all of them were employed as a labourers in the aforesaid vehicle and, on 21.03.2001, while they were proceeding with the aforesaid vehicle, loaded with bags of potatoes, tomatoes and other vegetables, on the way from Nagaon to Dhing P.W.D. Road, met with an accident at about 8.30 P.M. and the vehicle fell down into a deep pond nearby the road. As a result of the accident, the husbands of the claimants died on the spot along with some other labourers. On the basis of the same, the police registered a case vide Jajori Police Station Case No. 9 of 2001 under Sections297/337/338/427/304(A) I.P.C. Following the case were filed by the claimants:-
(1) NWC Case No. 35 of 2001
(Mst. Basana Khatoon
W/o Late Abdul Jalil,
R/O Vill-Niz-Kathiatoli
P.S. Kampur, Dist Nagaon, Assam
Vs.
1. Shri Khokan Saha
S/o Sri Monoranjan Saha
Moirabari, P.S. Moirabari
Dist. Morigaon, Assam
2. The National Insurance Co. Ltd.
Nagaon Branch, Nagaon, Assam)
(2) NWC Case No. 36 of 2001
(Mst. Hanufa Khatoon
W/O Late Ajgar Ali,
R/O Vill-Niz-Kathiatoli
P.S. Kampur, Dist. Nagaon, Assam
Vs.
1. Shri Khokan Saha
S/o Sri Monoranjan Saha
Moirabari, P.S. Moirabari
Dist. Morigaon, Assam
2. The National Insurance Co. Ltd.
Nagaon Branch, Nagaon, Assam)
(3) NWC Case No. 37 of 2001
(Mst. Hanufa Khatoon
W/O Late AkbarAli
R/o, Vill-Niz-Kamiatoli
P.S. Kampur :: Dist Nagaon :: Assam
Vs.
1. Shri Khokan Saha
S/o Sri Monoranjan Saha
Moirabari, P.S. Moirabari
Dist. Morigaon, Assam
2. The National Insurance Co. Ltd.
Nagaon Branch, Nagaon, Assam)
Accordingly, on receipt of the claim petitions, the Commissioner, Workmen's Compensation, notified the opposite parties and, both the parties mentioned above submitted their respective written statements denying the liability for payment of compensation.
2. In his written statement, thought the opposite party No. 1, the owner of the vehicle has admitted about the accident, but has contended that the vehicle is a goods carrier and on the date of accident, the vehicle was hired by some vegetable vendors who were in the vehicle as owners of the goods for carrying the vegetables from Moirabari bazaar to Kathiatoli. He had categorically denied the contention of the claimants that the deceased labourers were under his employment. It is also submitted that the vehicle was duly insured with the National Insurance Company at the time of accident and, hence, he is well protected under the coverage of insurance policy.
3. Contesting the cases of the claimants, the Insurance Company has also submitted in his written statement denying all the contentions raised by the claimants and also denied the responsibility to pay the compensation in all respect.
4. After conclusion of the trial, the Commissioner, Workmen's Compensation has awarded compensation to the claimants in-
(i) NWC No. 35 of 2001 - a sum of Rs. 2,76,255/- along with 12 per cent interest with effect from the date of accident till realization along with funeral cost of Rs. 2,500/-. It was also directed that as the vehicle of the opposite party No. 1 was insured with the National Insurance Company/Opposite Party No. 2, so they are liable to pay the amount of compensation.
(ii) In NWC No. 36 of 2001 - a sum of Rs. 2,95,590/- along with 12 per cent interest with effect from the date of accident till realization along with funeral
