Oivision^Bencl^^^ IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR ^(^ M.A. (G) No.- [^ay ^,.^ c^J APPELLANT THE ORIENTAL Ip4SURANCE COMPANY LTD., THROUGH DIVISIONAL MANAGER, MALVIYA NAGAR, DURG C.G. Vrs. ..cb-\'l ^y^ 2- ^>9'...^ ......?^""73. ^yy ^ ^^ '^' c? ^- RESPONDENTS/CLAIMANTS:- 1. PUNNIBAI W/0 LATE RAJESH SAHU, AGE 26 YRS. KU. SUMAN D/0 LATE RAJESH SAHU, AGE7YRS. KU. KANCHAN D/0 LATE RAJESH SAHU,AGE5YRS. KU. VANDANA D/0 LATE RAJESH SAHU, AGE3YRS. THREE MINOR THROUGH GUARDIAN MOTHER PUNNIBAI W/0 LATE RAJESH SAHU ALL RESIDENT OF NEAR TO GUPTA HOTEL, SHARDAPARA, KEMP-2, BHILAI & DISTT.- DURG C.G. RESPONDENTS/NON-APPLICANTS :- 5. SANJAY KUMAR SAO S/0 B.L. SAO, ^ RESIDENT OF SANJAY TENT HOUSE, BAIKUNTH NAGAR CHOWK, BAIKUNTH NAGAR KEMP-2, BHILAI, DISTT.- DURG C.G. APPEAL UNDER SECTION-30 OF THE WORKMENS COMPENSATION ACT- 1923 HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH: HON'BLE MR. I.M.QUDDUSI & HON'BLE MR. G. IVIINHAJUDDIN. JJ. Appellant Respondents Claimants M.A. M No.1702/2008 Vs The Oriental Insurance Company Ltd. Durg (CG) Punnibai and others Present: Mr. Sudhir Agrawal, counsel for the appellant/insurance company. Mr. R.K. Pali, counsel for respondent No.5. ORDER (Orall (8th Decem^ber, 2011) Per I.M. Quddusi, J; At the outset, Mr. R.K. Pali, Advocate submits that by mistake he has filed Vakalatnama on behalf of respondents No.1 to 4/claimants and, therefore, he may be permitted to withdraw the Vakalatnama filed on their behalf. Today, he has also filed an application in this regard. 2. The prayer is considered and allowed. Learned counsel is permitted to withdraw his Vakalatnama filed on behalf of respondents No. 1 to 4/claimants. However, no one is present on behalf of respondents No. 1 to 4/claimants. 3. This appeal under Section 30 of the Workmen's Compensation Act, 1923 has been filed by the appellant/insurance company against the order dated 23.6.2008 passed by Commissioner for Workmen's Compensation, Labour Court, Durg (in short "the Commissioner") in Case No-112/Cat. B-1/W.C. AcV2006 Fatal, fastening the liability to pay compensation to the claimants on the appellanVinsurance company. 4. Brief facts of the case, as per averments made in the claim petition, are that Rajesh Kumar Sahu was working as driver under respondent No.5 in his Matador bearing registration No. CG 07 C 0173. However, on the fateful day i.e. 24.2.2006, during the course of .\ ^. ^ ^s (^) his employment, Rajesh Kumar Sahu died while driving the said vehicle in an accident. At the time of accident, he was aged 29 years and was getting salary of Rs.6000/- per month. The said vehicle was insured with the appellant/insurance company at the relevant time. Therefore, the claimants, who are widow and minor children of the deceased, bejng his legal heirs/dependents, filed a claim petition before the Commissioner for a total compensation of Rs.4,19,840/- under various heads against the death of Rajesh Kumar Sahu. 5. However, learned Commissioner, after close scrutiny of the ^evidence, after hearing counsel for the parties, by the impugned order granted a total compensation of Rs.3,14,880/- in favour of the claimants, fastening the liability upon the appellanVinsurance company. 6. Heard learned counsel for the parties and perused the LCR as well as the impugned order. 7. Section 147 of the Motor Vehicles Act, 1988 provides that the driver is covered under the compulsory insurance policy, provided he was having a valid and effective driving licence on the date of accident and further, there was no breach of terms and conditions of the insurance policy. However, the Commissioner has not conducted any enquiry in this regard to ascertain the true facts. Therefore, we are of the opinion that the matter requires reconsideration at the end of the Commissioner. 8. Therefore, we allow this appeal in part, set aside the impugned order and remit the matter back tothe Commissioner for decision afresh in the light of observations made above. Needless to mention that the parties shall also be allowed to amend the pleadings, adduce further evidence, file documents and get the documents verified etc. and thereafter, fresh findings shall be given andaward shall be passed afresh by the Commissioner. 9. Parties shall appear before the Commissioner on 24th January, 2012. LCR shall be sent back to the Commissioner without further delay. No order as to costs. i Sd/- LM.Quddusi Judge Sd/- G. Minhajuddin Judge ^.s