http://JUDIS.NIC.IN

SUPREME COURT OF INDIA

Page 1 of 4

CASE NO.:

Appeal (civil) 5147 of 2003

PETITIONER:

Ramashray Singh

RESPONDENT:

Vs.

New India Assurance Co. Ltd & Ors.

DATE OF JUDGMENT: 22/07/2003

BENCH:

Ruma Pal & B.N.Srikrishna.

JUDGMENT:

J U D G M E N T

(Arising out of SLP(C) No. 20600 Of 2002)

RUMA PAL, J

Leave granted.

The appellant is the owner of a vehicle, described as a

"trekker", in which passengers are carried for hire. He

employed Shashi Bhushan Singh as a "khalasi" of the vehicle.

On 21.10.1998 the vehicle met with an accident as a result of

which Shashi Bhushan Singh died. The legal heirs of the

deceased employee filed a claim in the Workmen’s

Compensation Court against the appellant, as the owner of the

vehicle, and against the respondent insurance company. The

Workmen’s Compensation Court held that the vehicle had been

comprehensively insured with the respondent and that since the

accident had occurred during the period of insurance, the

insurance company was liable to pay the compensation on

account of the death of the employee. The respondent was,

therefore, directed to deposit the compen