NEW INDIA ASSURANCE COMPANY LTD Vs. KRITI RAM & OTHERS

JUDGEMENT

(1.) Having heard learned Counsel for the parties, it transpires that a bus of Uttarakhand State Road Transport Corporation bearing no. UA07K-5722 collided with TATA Truck No. UP-07H-0535 on Roorkee Haridwar Highway at 10.30 PM on 12.7.2009 with the result that the driver of the truck, namely, Mr. Vimal Dev, lost his life during the course of treatment of his injuries caused in such accident. The bus was insured with the Oriental Insurance Company (respondent no. 7), while the truck was insured with the New India Assurance Company Ltd. (appellant). When the petition was instituted by the parents/brother of the deceased in the Court of Workmen's Compensation Commissioner/District Magistrate, Uttarkashi, it was adjudicated fastening the liability to the extent of 50 per cent on each of the insurance companies of the vehicles for the consolidated amount of Rs. 4,39,900/- along with 6 per cent per annum simple interest from the date of institution of the claim petition.

(2.) Learned Counsel of the appellant has argued that First Information Report was lodged against the driver of the bus by Mr. Praveen Ghai, the owner of the truck, on 13.7.2009 at 6.20 AM, and it culminated into submission of chargesheet against the driver and he is facing the trial. So, in the backdrop of the fact of lodging the FIR and submission of the chargesheet, the liability must have been fastened upon the insurance company of the bus only because the accident had occurred on account of the exclusive negligence of the bus driver.

(3.) On the other hand, learned Counsel of the Oriental Insurance Company has drawn attention of this Court towards the provision of Section 3 of the Workmen Compensation Act, which contemplates that if personal injury is caused to (an employee) by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this chapter. So, the total responsibility should have been fastened upon the insurer of the truck because the employee driver Mr. Vimal Dev had lost his life during the course of his active employment while he was driving the TATA truck.