- (1.) This appeal has been filed by 1CICI Lombard General Insurance Company Ltd. against the award dated 29-9- 2011 passed by Workmen Compensation Commissioner Jaipur City in case No. WCC N.F./260/2010 whereby he allowed the claim filed by the claimants and awarded L 8,23,800/- as compensation with interest.
(2.) The facts have been set out in the impugned judgment and hence I am not repeating the same here except wherever necessary.
(3.) The brief facts of the case are that the claimants filed a claim petition on 7-10-2010 for compensation against the appellant Insurance Company and the respondent No. 4 before the Commissioner Workmen Compensation Act, Jaipur City Jaipur on account of alleged loss suffered by them due to death of Shri. At-nit Kumar who allegedly died on 17- 9-2010 during the alleged course of his employment, as a driver, on the vehicle bearing registration No. MH 04 EB 8087, which was owned by respondent No.6 and was insured with the appellant insurance company. It was alleged that at the time of death deceased was 25 years old driver and was getting L 10,000/- per month salary and as such the claim petition was preferred. The respondent No. 2 the alleged employer, though filed its reply to the claim petition but did not appear before the Commissioner in witness box. The appellant submitted its reply to the claim application denying the averments. It was submitted that there was no evidence on record to establish the relationship of employer and employee and to establish that the deceased died due to the alleged injuries sustained by him during the alleged course of employment and the insured vehicle was being used in contravention of mandatory provisions of Motor Vehicles Act and the insurance company had no liability due to noncompliance of mandatory and binding conditions of the contract of insurance. No notice under Section 10 of the Act of 1923 was ever served. On the basis of the pleadings of all the parties, the Commissioner framed as many as five issues and proceeded to record the evidence of the parties. After arguments the learned Commissioner decided all the issues in favour of the claimants vide award dated 29-9-2011 and awarded compensation to the tune of L 8,23,800/- along with interest.;