AN INSURANCE COMPANY IS LIABLE TO PAY COMPENSATION TO THE FAMILY OF A DECEASED WORKER IF THE WORKER WAS EMPLOYED BY THE INSURED AND WAS WORKING AT THE TIME OF THE ACCIDENT.

JUDGMENT

Banwari Lal Sharma, J. - The appellant- Insurance Company has preferred this civil misc. appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as "the Act") against the impugned judgment dated 24.10.2005 passed by learned Commissioner Workmen Compensation, Tonk in claim Case No. W.C.C.F. 29/2001 (Raja vs. Jadoo @ Ramsawroop And Ors.) whereby an award for Rs. 1,79,200/- along with interest @ 12 % per annum from 26th July, 2001 has been passed in favour of the deceased- respondent- Smt. Raja and against the appellant- Insurance Company.

2. The brief relevant facts for the disposal of this appeal are that the respondent- deceased Smt. Raja wife of Ram Narayan filed a claim petition on 26.07.2001 against the appellant- Insurance Company and respondent No.- 2 Jadoo @ Ramsawroop & No.- 3 Rajju Singh claiming compensation on account of loss suffered by her due to the death of her son Omprakash caused in an accident allegedly occurred on 10.06.2000 when he was working under the instructions of respondent No.- 2 Jadoo @ Ramsawroop & No.- 3 Rajju Singh on a trolly which was attached with the tractor bearing registration No. R.J.X. 1535, which at the time of alleged accident was being used for loading, transporting and unloading the soil. According to the respondent- deceased, when he was loading the soil on the trolly attached with the tractor, all of sudden the soil fell down on Omprakash, due to it he lost his life.

3. The appellant as well as respondent No. 2 & 3 filed their respective reply to the claim petition and it was averred by them that there was no relationship of employer and employee between the respondent No. 2 & 3. It was further averred by respondent No. 2 & 3, registered owner of tractor that on the day of accident, tractor was not there on spot, rather it was in stationary position at the residence of insured respondent No.- 2. The appellant- Insurance Company also averred that the tractor trolly in question was neither registered nor insured with the appellant- Insurance Company at the time of alleged accident. It was further pleaded that by way of Insurance policy only the risk of the driver of the tractor was covered under the provisions of the Act and as the deceased was not a driver of the said tractor and no premium was charged by the appellant to cover the risk of any other person including the deceased, the appellant is not liable to pay compensation.

4. On the basis of pleadings, necessary issues were framed by the learned Commissioner. Oral as well as documentary evidence was produced and after hearing the respective parties, the learned Commissioner partly allowed the claim petition of respondent- claimant vide impugned judgment dated 24.10.2005 in aforesaid terms.

5. Learned counsel for the respondents submits that payment has already been made to claimant.

6. I have heard the learned counsel for the respective parties and also gone through the record made available for my perusal as well as the relevant legal provisions and the case law relied upon by the parties.

7. Section 30 of the Act provides that an appeal can be filed only on substantial question of law.

8. While at the time of admission on 22.03.2012, co-ordinate Bench of this Court framed following substantial question of law :-

"Whether there was any relationship of employer and employee between the deceased and the respondents owners of the vehicle in question and as to whether the appellant Insurance Company could be made liable for the compensation, when admittedly no premium covering the risk under the policy was paid by the owners."

9. So far as relationship of respondent No. 2 & 3 with deceased is concerned, it is pleaded in the claim petition that

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