ORIENTAL INSURANCE CO LTD Vs. PUSHPA

JUDGEMENT

(1.) THIS appeal under section 30 of Workmen's Compensation act is directed against the order dated 27. 3. 2006 of the Workmen's Compensation Commissioner, Theog, whereby in case No. 8 of 2004 he has awarded compensation of Rs. 4,03,320 and interest of rs. 1,08,896; total Rs. 5,12,216, in favour of the claimants and has held the insurance company liable to pay the amount.

(2.) THE appeal was admitted on the following substantial questions of law:

(3.) TO decide both these questions, it would be appropriate to give the background of the case. The cover note in this case is Exh. PW 2a. The said cover note was issued on 18. 12. 2003 at 9 p. m. and as per the specific terms in the cover note the same was effective from 19. 12. 2003 to 18. 12. 2004. Accident out of which the proceedings arise had occurred on 18. 12. 2003 between 4 and 5 p. m. and in fact, the f. I. R. , Exh. PW 1a, had been recorded on 18. 12. 2003 at about 7 p. m.