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New India Assurance Company Limited Vs. Bhagwanti Devi and ors. - Court Judgment

SooperKanoon Citation

Subject

Labour and Industrial

Court

Punjab and Haryana High Court

Decided On

Case Number

First Appeal from Order No. 850 of 2006

Judge

Reported in

II(2007)ACC861; [2007(112)FLR375]; (2006)144PLR342

Acts

Workmen's Compensation Act, 1923

Appellant

New India Assurance Company Limited

Respondent

Bhagwanti Devi and ors.

Appellant Advocate

R.K. Bashamboo, Adv.

Respondent Advocate

None

Disposition

Appeal dismissed

Cases Referred

United India Insurance Company Limited v. Shakuntla Devi and Ors.

Excerpt:


- jasbir singh, j.1. vide order under challenge commissioner under the workmen's compensation act 1923 awarded compensation to the respondents for death of anil kumar their son to the tune of rs. 229600/- alongwith interest.2. before this court an attempt has been made to say that relationship of master and servant of the deceased with the owner of the vehicle was not established. this court feels that the argument raised is devoid of any justification. the court below while placing reliance upon ex.p 9 (photocopy of ddr) and also statement made by the driver of the vehicle concerned that the deceased was employed as a cleaner on the said vehicle came to a conclusion that relationship of master and servant stands established.3. so far as payment of interest of concerned counsel for the appellant has failed to show that in the insurance policy there existed any negative clause to the extent that the appellant company shall not be responsible for payment of interest.4. in view of judgment of hon'ble supreme court in ved parkash garg v. premi devi and ors. (1997-3) 117 p.l.r. 606 (s.c.) and also ratio of judgment of this court in f.a.o. no. 326 of 2006 titled as united india insurance.....

Judgment:


Jasbir Singh, J.

1. Vide order under challenge Commissioner under the Workmen's Compensation Act 1923 awarded compensation to the respondents for death of Anil Kumar their son to the tune of Rs. 229600/- alongwith interest.

2. Before this Court an attempt has been made to say that relationship of master and servant of the deceased with the owner of the vehicle was not established. This Court feels that the argument raised is devoid of any justification. The Court below while placing reliance upon Ex.P 9 (photocopy of DDR) and also statement made by the driver of the vehicle concerned that the deceased was employed as a Cleaner on the said vehicle came to a conclusion that relationship of master and servant stands established.

3. So far as payment of interest of concerned Counsel for the appellant has failed to show that in the insurance policy there existed any negative clause to the extent that the appellant Company shall not be responsible for payment of interest.

4. In view of judgment of Hon'ble Supreme Court in Ved Parkash Garg v. Premi Devi and Ors. (1997-3) 117 P.L.R. 606 (S.C.) and also ratio of judgment of this Court in F.A.O. No. 326 of 2006 titled as United India Insurance Company Limited v. Shakuntla Devi and Ors. III (2006) A.C.C. 130 decided on 20.1.2006 no case is made out for interference.


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