HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT

JAIPUR

S.B. Civil Miscellaneous Appeal No. 1611 / 2012

Bajaj Allianz General Insurance Co Ltd., having its registered office

GE Plaza, Airport Road, Yerawada, Pune (Maharashtra) and having

its Regional Office at O-12A, Ashok Marg, C-Scheme, Jaipur

through its Constituted Attorney/ Authorised Signatory.

(Insurance Company of Vehicle Truck No. RJ-02-GA-0936)

--Appellant/Non-Claimant No.3

Versus

1.

Ganga Ram S/o Late Sh. Vishnaram @ Vishan Lal aged about

48 years.

2.

Smt. Dhanni W/o Sh. Ganga Ram aged about 42 years.

3.

Kumari Savatri D/o Sh. Ganga Ram aged about 16 years.

Respondent No.3 is Minor through its natural guardian Father

Sh. Ganga Ram

All R/o Village & Post Baletha via Malakhera, District Alwar,

presently R/o Near Bus Stand, Ta Stall, Agra Road, Kanota

District Jaipur.

----Respondents/Claimants No. 1 to 3

4.

Sarsu S/o Sh. Samand Khan (Sarsumand Khan) R/o Village

& Post Bhadoli, Tehsil Thana Malakhera, District Alwar (Raj.)

(Owner of Vehcile Truck No. RJ-02-GA-0936)

5.

Suleman S/o Sh. Samand Khan (Sarsumand Khan) R/o

Village & Post Bhadoli, Tehsil Thana Malakhera District Alwar

(Raj.)

(Driver of Vehicle Truck No. RJ-02-GA-0936)

Respondents/Non-Claimants No. 1 and 2

_____________________________________________________

For Appellant(s) : Mr. Sandeep Pathak

For Respondent(s) : Manish Gupta and Mr. Vinay Mathur

_____________________________________________________

HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

Order

27/07/2017

This Misc. appeal has been filed under Section 30 of

Workman Compensation Act, 1923, against the award dated

(2 of 4)

[CMA-1611/2012]

16.2.2012, passed by the Commissioner Workman Compensation

Authority, Jaipur District (First) Jaipur, in claim petition no.

WCC/F/80/2009, whereby the claim petition filed by respondents

No. 1 to 3 has been allowed and a sum of Rs 3.32,055/- has been

awarded to them along with interest @ 12% p.a from

15.10.2007.

The brief facts of the case are that a claim petition was filed

by the claimants/respondents No.1 to 3 stating that deceased was

Khaklasi on the Truck No. RJ-02-GA 0936 and on 16.9.2007, the

deceased Nemi was sleeping near the truck, in the morning about

6:00 AM when the driver drove the truck which ran over the body

of the deceased. It was further stated in the claim petition that at

the time of accident deceased was 22 years old and earning salary

of Rs. 4,000/- per month along with Rs. 1,000/- per month as

allowance. After hearing counsel for the parties and analyzing the

material on record awarded compensation as stated above.

Learned counsel for the appellant has argued that the driver

was not holding valid driving license, permit and fitness certificate

and therefore on account of breach of terms and conditions of the

policy, the appellant company could not be fastened the liability to

indemnify the award amount. He has further argued that the

claim was not maintainable on the basis of the non-compliance of

section 10, since no notice as per the provision was served upon

the insurance company. He has further argued that the claimants

are entitled for compensation only in case if the provisions and the

conditions of the insurance policy are not violated and the claim is

payable in accordance with the contract executed between the

(3 of 4)

[CMA-1611/2012]

insured and the insurer.

On the other hand, learned counsel for the respondents

claimants has argued that the Commissioner has rightly awarded

compensation after having gone through the material placed

before it.

Heard learned counsel for the parties and perused the

relevant material placed before me.

The Commissioner after analyzing the material available on

record passed the impugned award and no substantial questions

of law arise for consideration in this matter. The claimants before

the Commissioner in the claim petition filed an affidavit specifically

stating that de