- (1.) THE appellant -National Insurance Company Limited has filed this appeal challenging the order dated 29.3.2004 passed by Commissioner, Workmen's Compensation, Hazaribagh in W.C. case No. 32 of 2003 whereby a sum of Rs. 3,22,297/ - has been awarded for the death of one Ramesh Sao Gupta while himself driving the truck.
(2.) MR . Alok Lal, learned Counsel appearing on behalf of the appellant -Insurance Company, very seriously and forcefully assailed the impugned order mainly on the ground that the truck was not insured with the appellant -Insurance Company and on the basis of fake and fabricated copy of insurance policy the Commissioner, Workmen's Compensation awarded compensation. Mr. Rajiv Anand, learned Counsel appearing on behalf of the respondents, on the other hand, supported the impugned order by submitting that the vehicle was duly insured with the appellant and the copy of insurance policy was filed before the Commissioner, Workmen's Compensation.
(3.) ON this conflicting submissions made by the counsels for the parties, we passed order on 16.1.2007 directing the respondent -owner of the vehicle to produce before us the insurance policy by which the vehicle was insured. For better reference the order dated 16.1.2007 is quoted herein -below : 16.1.2007 : Learned Counsel appearing for the respondent -owner of the vehicle is directed to produce before this Court the Insurance policy by which the vehicle was insured, since the owner of the vehicle is none -else, but the daughter -in -law of the claimant. She is directed to file affidavit disclosing the mode of payment of premium. If by cheque, then the cheque no and if by cash, then the receipt issued by the Insurance Company regarding payment of premium. We have noticed that in several cases, on the basis of fake policy, illegal claims are made against the Insurance Company. We, therefore, think it proper to get the matter inquired by the State CID department.;