M.Y.EQBAL, J. - (1.) THIS appeal by the appellant -Insurance Company is directed against the order dated 21st August, 2003 passed by Commissioner, Workmen Compensation, Ranchi in C.W. Case No. 29 of 2002 whereby he has awarded compensation of Rs. 2,03,850.00 on account of death of a cleaner (khalasi) of the vehicle in an accident.
(2.) THE facts of the case lie in a narrow compass: The claimants filed application before the Commissioner, Workmen Compensation, Ranchi for grant of compensation stating inter alia that the deceased Jubair Khan was under the employment as Khalasi (cleaner) in the Mini bus owned by Samsher Alam bearing registration No. BR -14P 3864. On 8.7.2002 about 10 a.m. the deceased was returning to Lohardaga and the driver of the said Mini bus was driving bus in rash and negligent manner and uncontrolled speed. When the mini bus reached near Maltuti more at Ranchi - Lohardaga road, the driver stopped the bus and the deceased came down from the bus. The other passengers also came down from the bus and suddenly the bus driver started the bus as a result of which deceased was dashed forcefully from the bus and fell down. He received grievous injury and died on the spot. F.I.R.was lodged in connection with the said accident. Respondent -owner of the vehicle filed written statement stating inter alia that the accident took place due to rash and negligent driving by the bus driver. It was stated that the mini bus was insured with the United India Insurance Company Limited and according to the terms of the policy, compensation is to be paid by the Insurance Company for the death of the deceased Khalasi of the said vehicle.
(3.) THE appellant -Insurance Company also filed written statement stating inter alia that the driver has not been impleaded as party. It was stated that no information regarding the alleged accident was given by the owner of the vehicle and there is no document to justify that the deceased was cleaner (khalasi) of the said mini bus. It is further stated that the vehicle was insured subject to certain terms, conditions, restriction and exceptions contained in the policy whereby Insurance Company is not liable to pay compensation in respect of the death of a cleaner of the vehicle.;