SHANKER LAL AGRAWAL Vs. KANHAIYALAL

JUDGEMENT

(1.) THIS appeal is by the owner of the truck under Section 30 of the Workmen's Compensation Act against the order dated 5 -3 -1987, passed by the Commissioner, Workmen Bilaspur, whereby exonerating the New India Insurance Co., Bilaspur, from the liability, passed an award for an amount of Rs. 21,000/ - towards compensation, and the penalty of Rs. 10,000/ - with interest @ Rs. 6% P.A., against the owner of the truck, where the deceased Krishna as working.

(2.) IN short, the case is that the deceased Krishna, who was an employee of the appellant Shankerlal, died on 13 -3 -84 on account of the accident of the truck, bearing registration No. MPL 4587.

(3.) THAT by the impugned award dated 5 -3 -87, the learned Com missioner for workmen, while awarding compensation, stated aforesaid, exonerated the New India Insurance Company on the ground that the original insurance policy has not been produced, but only a Photostat copy was filed. Therefore, the learned Commissioner Workmen's Compensation, Bilaspur, reached the conclusion that the claimants failed to prove that the truck in question was insured with the respondent No. 4, New India Insurance Company. As such, the liability was fastened upon the owner of the truck exonerating the Insurance Company.