R.K.MERATHIA, J. - (1.) HEARD Mr. Sahni and learned counsel for respondent Nos. 2 and 3 (claimants).
(2.) THE petitioner has prayed for quashing the order dated 5.12.2002, passed by the Commissioner, Workmen Compensation, Hazaribagh in WC Case No, 68 of 2001, directing the petitioner to pay Rs. 3,37,830.00 as compensation to the respondent Nos. 2 and 3 within 60 days failing which the amount will also carry an interest @7% per annum after the expiry of 60 days till the date of payment. The son of respondents 2 and 3 was a khalasi (cleaner) employed under the owner of the vehicle (respondent No. 4). When he was so employed in the Truck, an accident took place causing death of the son of the claimants, namely Shankar Kumar Singh. The claimants claimed that their son was aged about 19 years and was an employee under the owner of the Truck on a monthly salary of Rs. 3,000.00 and also fooding allowances of Rs. 40.00 per day khoraki. The owner of the vehicle accepted that Shankar was a cleaner, employed under him in the said Track who died during the course of employment. He was paid a monthly salary of Rs. 3,000.00 and JCR - -(1) - -33(HC) khoraki of Rs. 40.00 per day. The vehicle was insured with the petitioner 's Insurance Company at the time of the accident.
(3.) THE Insurance Company disputed the claim mainly on the ground that it has no knowledge about the relationship of master and servant between the owner of the vehicle and the deceased and there is no proof of the same. Further there is no proof regarding the alleged wages and the age of the deceased. However, the Insurance Company could not deny its liability on the basis of the Insurance Policy.;