- (1.)This appeal under section 13 of the Workmen's Compensation Act, 1923, in short" W.C. Act" has been filed on behalf of the appellant/Insurer against the order dated 5.1.2010 passed by learned Court of Commissioner for Workmen Compensation/Labour Court, Jabalpur under W.C. Act in case No. 90/Fatal Act/2004. In brief, the case of the respondent Nos. 1 & 2, parents of the workman Mahendra Singh is that he was employed as a Driver on Truck No. CG-04 ZC-5371 by the employer/respondent No. 3 owner of the said Truck and was insured by the appellant Insurance Company vide policy Ex. P/9 for the period from 28.1.2003 to 27.1.2004 and both were arrayed as respondent Nos. 1 and 2 before the learned Commissioner. Mahendra Singh was getting a sum of Rs. 4,000/- per month as salary from his employer. At the time of incident this age was 22 years. It is further pleaded that on 23.4.2003, the said Truck loaded with the goods and was proceeding from Nagpur towards Amrawati collided with another vehicle No. KA-01 A-6171 in the jurisdiction of police Station Mana, District Akola (Maharashtra) at about 6:30 AM. In this incident, Mahendra Singh sustained grave injuries and ultimately succumbed to the injuries. A criminal case was registered and after completion of due investigation, challan was filed in the competent Court with all relevant documents i.e. F.I.R., medical report, spot map, driving licence, policy documents etc. The parents of the deceased workman Mahendra Singh preferred an application under section 22 of the W.C. Act claiming Rs. 5.00 lacs towards compensation.
(2.)Despite service of notices, the employer neither contesting the case, nor attended proceedings before learned Commissioner, therefore, learned Commissioner proceeded ex-parte against the employer.
(3.)The written statement filed on behalf of the appellant is of total denial of the pleadings of the application filed by respondent Nos. 1 & 2. It is pleaded that Mahendra Singh was not employed with the employer and since no such accident took place on 23.4.2003 of the said Truck, neither Mahendra Singh sustained any injury while driving the said Truck during course of employment, the Insurance Company is not liable for payment of any compensation amount.