- (1.) The appellant, New India Assurance Co. Ltd., has preferred this misc. appeal under Section 30 of the Workmen's Compensation Act, 1923, (for brevity, hereinafter referred to as 'Act of 1923') challenging the impugned judgment and award dated 09.09.2011 passed by learned Commissioner, Workmen Compensation, Pali in Claim Case No. W.C.F./01/2007- Smt. Indra Devi & Ors. v. Jalal Khan & Anr., whereby the learned Commissioner, has awarded the compensation to the claimants/respondents to the tune of Rs. 3,94,120/- along with interest @ 12% per annum w.e.f. 02.10.2006, and liability to satisfy the said award was fastened upon the appellant/Insurance Company.
(2.) Briefly stated, the facts of the case are that the claimants/respondents laid a claim on account of death of Sh. Mohanlal S/o Sh. Poonaram, who met with an accident on 02.09.2006 while he was working as Driver on a Jeep (RJ-22-T-1282). The said vehicle was in the ownership of the Jalal Khan (respondent No. 5 herein) and was insured with the present appellant/non-claimant New India Assurance Co. Ltd. At the time of accident, the deceased was 35 years of age. The claimants/respondents thus prayed for awarding them compensation of Rs. 3,94,120/-, Rs. 1,97,060/- penalty and Rs. 2500/- for funeral expenses along with interest @ 12% per annum from the date of filing of the claim petition.
(3.) The claim petition was opposed by the Insurance Company by taking the plea that at the time of accident, the deceased was not having the valid and effective licence to ply the said public transport vehicle and that the deceased was not in the employment of respondent No. 5. On behalf of respondent No. 5/owner it was stated that at the time of accident, the deceased was in his employment as Driver and since the vehicle was insured with the Insurance Company, therefore, it is liable to pay the compensation.;