- (1.) This appeal has been filed under Section 30 of the Workmen Compensation Act, 1923 (for short the Act of 1923) against the award dated 17.6.2005 passed by the Commissioner, W.C. Act, Sikar in Case No. WCC/N.F.-8/2004 titled as Bhebha Ram Vs. Navran Singh & Anr. Whereby an award of Rs.2,12,824 was passed in favour of claimant/respondent No.1.
(2.) Claimant had filed claim against the appellant and the respondent No.2 for compensation on account of loss suffered by him due to serious injury resulting into amputation of his right hand above the wrist. It was mentioned in the claim that claimant was an employee as a labourer on a tractor bearing No. R.J.-23 R-6695 and on 17.04.2003 at 2:30 A.M., when as per direction of respondent No.2, he was separating the wheat from chauff with the help of a thrasher attached with that tractor, his right hand was seriously injured resulting into amputation.
(3.) Insurance Company of the tractor, who is appellant before us had pleaded in the Tribunal that thrasher was not insured nor any premium was charged for the insurance of the thrasher and premium only for the driver of the tractor had been taken by the Insurance Company, so the Insurance Company cannot be held liable for the Khalasi or any other labourer working with the tractor. It was further pleaded by the Insurance Company that the claimant claimed compensation in the capacity of a third party and so he could have filed claim, if any, only under the provisions of the M.V. Act and not under the provisions of the Act of 1923. It was further pleaded by the Insurance Company that tractor was insured for agriculture purposes only, but it was being used for commercial use, so the Insurance Company could not be made liable.;