- (1.) Heard learned counsel for the parties.
(2.) This appeal by the appellant-Insurance Company is directed against the judgment/award dated 5-2-2013, passed by the Commissioner for Employee's Compensation, Sambalpur, in W.C. Case No. 38 of 2006, awarding an amount of Rs. 2,19,156/- as compensation, to be deposited within thirty days, failing which interest @ 12% per annum shall be payable from the date of the judgment, till the date of deposit.
(3.) Learned counsel for the appellant-Insurance Company submits that as the trailer attached to the tractor bearing No. OR-15-J/3678 was not insured with the appellant-Insurance Company and only the risk of the driver of the tractor was covered under the policy, the injured-claimant (Bhaskar Khadia), who was travelling in the trailer as a labourer, was not covered under the policy. It is submitted that as no premium has been paid covering the risk of the coolie or labourer travelling in the trailer, the Commissioner erred in fixing the liability on the appellant to pay the compensation amount awarded. It is accordingly submitted that as the trailer attached to the tractor was not insured and admittedly the injured labourer was travelling in the said trailer, no liability could have been saddled on the Insurance Company.;