- (1.) This appeal has been filed under Section 30(1)(a) of the Workmen's Compensation Act, 1923 against the order dated 20.5.2003 passed by learned Commissioner, Workmen Compensation, Hazaribagh in W.C. Case No. 31/2002. By the said order, learned Commissioner has directed the appellant-Insurance Company to pay the amount of compensation to the dependants of Gopal Pandey, who died in an accident while he was driving the bus bearing Registration No. BR-13P-6251 belonging to Harishchandra Prasad and insured with the appellant-Insurance Company. The dependants of the deceased driver were the claimants before learned Commissioner. According to them, Gopal Pandey was working as driver of the vehicle Tata 407 bearing Registration No. BR-13P-6251. While he was driving the vehicle with a police party-in course of a combing operation, the members of the M.C.C. blasted the land mines near Village-Oreya and started firing at the vehicle. As a result of which the vehicle was blown off and the driver Gopal Pandey died at the spot. At the time of the accident, the deceased driver was aged about 25 years and his monthly wages was Rs. 3,500/- per month. Since the driver Gopal Pandey died in course of his employment, his dependants (claimants) are entitled to get compensation under the provisions of the Workmen's Compensation Act.
(2.) Notices were issued to the owner-O.P. No. 1 and the insurer-O.P. No. 2.
(3.) The O.P. No. 1 appeared in the case and filed his reply stating, inter alia, that the deceased Gopal Pandey was employed as driver of the said vehicle. While he was driving the vehicle alongwith a police party, in course of combing operation, the members of the M.C.C. blasted land mines, which caused death of the driver at the spot. When the accident took place, the wages of the deceased driver was Rs. 3,500/- per month. It has been further stated that since the said vehicle was insured with the O.P. No. 2 and separate premium covering the risk of the driver was being paid by him, the insurer-O.P. No. 2 is liable to pay compensation.;