HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO C.M.A.No.1379 OF 2011 JUDGMENT: The appeal is filed by the Insurance Company against the award in W.C.No.82 of 2004 on the file of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour at Eluru, questioning the quantum of compensation. 2. A claim for compensation of Rs.3,00,000/- was made consequent on the death of the deceased Harinath, who is said to be a cleaner employed on the tractor bearing No.AAK 3891 and trailer bearing No.ADJ 5630. The vehicle was said to be originally belonging to the 3rd respondent in the petition and subsequently, it was said to have been transferred in favour of the 2nd respondent, who is said to have employed the deceased person. But, there was no intimation and the transfer of the policy was not effected. The Insurance Company denied the liability. The Commissioner after considering the material evidence on record and after applying the minimum wages and also the factor, granted a compensation of Rs.2,33,976/-. Questioning the said award, the appeal is filed by the Insurance Company. 3. The point for consideration is whether the Insurance Company is not liable to pay the compensation? 4. POINT: The learned counsel for the appellant contends that the vehicle was originally insured in favour the 3rd respondent and the vehicle was said to have been transferred to the 2nd respondent, but there was no intimation to the Insurance Company about the transfer and consequently, the policy does not cover the risk of the deceased employed by the 2nd respondent. So far as the ownership of the vehicle is concerned, there is not of much dispute and consequently, the deceased being employed by the 2nd respondent the relationship of employer and employee cannot be disputed by the Insurance Company. However, the point is whether when the transfer has been effected without the transfer of the policy of insurance as required under the statute, the Insurance Company is liable to pay the compensation. In this connection, it is useful to refer to the following judgments: 1) National Insurance Co., Ltd., Secunderabad Vs. K.Yadamma and others[1]. 2) Uttar Pradesh State Road Transport Corporation Vs. Kulsum and others[2]. 3) Oriental Insurance Company Vs. S.Babaiah and others[3]. In view of the above said decisions, since the insurance is said to carry with the vehicle, the appellant cannot contend that there is no liability. There are no merits in the appeal. Accordingly, the appeal is dismissed. There shall be no order as to costs. _______________________________ JUSTICE N.R.L. NAGESWARA RAO Date:28.12.2011 INL [1] 2005(3) ALD 643 [2] (2011) 8 Supreme Court Cases 142 [3] 1998(1) ALD 248