RELIANCE GENERAL INSURANCE COMPANY LTD Vs. SHYAM

JUDGEMENT

(1.) A challenge in the instant misc. appeal has been made to the impugned judgment and award dtd. 5/12/2012 passed by the Court of learned Commissioner Workmen's Compensation, Bundi, Rajasthan (for short 'the learned Commissioner') in WCC/F//51/2011 by which the claim petition filed by the claimant-respondent has been allowed and the Insurance company has been directed to pay compensation of Rs.3,96,165.00 to the claimant-respondent with interest.

(2.) Brief facts of the case are that the claimant-respondent filed a claim petition under the provisions of Workmen's Compensation Act, claiming compensation on account of death of one Kalulal who died in the road accident occurred on 26/1/2008. It was also stated in the claim petition that the death occurred during the course of the employment. Hence, the claimant is entitled to get compensation as the deceased was working as a 'Khalasi1 and drawing salary of Rs.4750.00 per month.

(3.) The owner of the vehicle did not appear before the learned Commissioner and hence, ex parte proceedings were initiated against him but the appellant-Insurance Company has submitted its reply and denied the averments made in the claim petition and raised objection that there was no relationship of employee and employer between the insured and the deceased and no notice under Sec. 10 of the Act of 1923 was given. Hence, the claim petition was not maintainable.