IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.115 of 2006 (O&M) Date of decision:06.09.2010 Kamla and others ....Appellants versus The Oriental Insurance Company Limited and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. N.S.Doabia, Advocate and Mr. R.L.Sharma, Advocate, for the appellants. Mr. Vijay Garg, Advocate, for respondent No.1. Mr. M.L.Saini, Advocate, for respondent No.2. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? 2. To be referred to the reporters or not ? 3. Whether the judgment should be reported in the digest ? ---- K.Kannan, J. (Oral) 1. The claimants whose petition was dismissed are in appeal. 2. The first claimant's husband Shingara Singh was the driver of a goods carriage bearing registration No.HP-31-2949. On its transit to the village Jaitpur, the truck collided with an army truck carrying ammunition bearing No.DL-1G-5013. The contention was that the vehicle was driven by one Kulwinder Singh and the accident had taken place on account of his negligent driving. For some inexplicable reason, neither the owner nor the insurer of the army truck was impleaded as a party. It is not even known whether the Union of India itself was the FAO No.115 of 2006(O&M) - 2 - owner of the truck. The person, who was added as the driver of the army truck, the Court found was not properly impleaded for the driver was not Kulwinder Singh but the driver, who had given the complaint was one Balwinder Singh. It is a pity that the claimants have prosecuted the case on averments relating to the negligence of an army truck without making even the owner of the truck as a party to the proceedings. The Tribunal found that the deceased driver himself was negligent and dismissed the petition. 3. I assume the finding of the Tribunal to be correct and take the fact that the death of the driver arose by his own negligent act. Even on such an assumption, the representatives of the deceased shall be entitled to make the insurer and the owner liable on a basis of the liability under the Workmen's Compensation Act. The first respondent- Insurance Company is the insurer of the vehicle which the deceased was driving. The second respondent was the owner of the vehicle. When the Court found that the deceased himself was responsible for the accident, it could have directed the parties to apply before the Workmen's Compensation Commissioner for pursuing their claim. It chose to dismiss the same. I proceed to examine the case only as a appellate authority under Section 30 of the Workmen's Compensation Act. 4. If the claim were to be considered at the instance of the representatives of the deceased workman, the policy of insurance covers the risk for a workman under the Workmen's Compensation Act. The policy has been filed as Ex.R-1 and it is seen to have been issued on 03.12.2001 and valid upto 02.12.2002. The policy covers the risk to the FAO No.115 of 2006(O&M) - 3 - insurer as well any other person, who was driving on the insured's order or with his permission. An additional premium has been paid for risk to a driver as well as for the insured. Even under the Act policy, the insurer will become liable under terms of Section 147(2) and more so, in a comprehensive insurance cover that provides for insurer's liability for a person driving the vehicle as well. 5. Before the Tribunal, the evidence was that he was getting Rs.4,000/- from his employer and was also earning Rs.1,000/- per month by doing tailoring work. I have no definite documentary evidence with reference to his income and I would take his monthly income to be Rs.3,000/- The 'relevant factor' under Section 4 of the WC Act read with Schedule IV is 203.85 and the compensation payable is 50/100 x 3000 x 203.85 which is equal to Rs.3,05,775. This amount shall bear interest at 12% from the date of the petition till the date of the payment. 6. The appeal by the claimants is allowed to the above extent. The liability shall be borne by the first respondent-Insurance Company. (K.KANNAN) JUDGE 06.09.2010 sanjeev