ORIENTAL FIRE AND GENERAL Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) This writ petition involves a short but interesting question of law.

(2.) The petitioner is an insurance company and a truck bearing registration No. BRJ 4221 belonging to respondent No. 3 was insured with it. Kuldip Singh (respondent No. 2) who was a driver of the said truck of respondent No. 3 met with an accident on March 16, 1978, causing serious injuries to his person and as a result whereof, one of his legs had to be amputated. Respondent No. 2 filed an application before the Presiding Officer, Labour Court, under the provisions of the Workmen's Compensation Act, 1923 (hereinafter referred to as the Compensation Act), claiming compensation for meeting with the aforesaid accident, which according to him, arose out of and in the course of employment. In the said proceeding, the petitioner -company was also a party.

(3.) For the purpose of disposal of this application, the only short facts which are required to be noted are that, by order dated August 4, 1983. passed in W.C. Case No. 17 of 1978, respondent No. 1 allowed the said petition by awarding compensation to the extent of Rs. 30,240 and further directed that the aforementioned amount be paid by the petitioner -company to respondent No. 2.