^ IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BIIASPUR MISC. APPEAL(C) N0 . Q^ OF 2008 ~^~ MISCELIANEOUS APPEAL UNDER SECTION 30 OF WORKMEN'S COMPENSATION ACT, 1923 Appellant Non-Applicant No. 3 Respondents ^- ^:><^^ ^^•••" ^ '^••^ New India Assurance Company Limited, Bramch Office, Anupama . Chowk, . Jagdalpur, Distt. Bastar through the Divisional Manager, New India Assurance Co. Ltd., Opp. Rajeev Plaza, Bus Stand Bilaspur (C. G.) Versus 1.(a)Prabhunath,S/o Late Budhram aged 42 years, Caste-Bhatra (b)Smt. Tilak, W/o Prabhunath / aged 40 years, Caste-Batra, (Both R/o Manjhipara, Vill. Ulnar, Post - Kareetgaon, ^<t^ P.S. Nagarnar,Distt. Bastar (C.G.) Claimants/Applicants ^S^Lf^^ Jatni @ Jatiram, S/o Shri Sukman Singh, aged 42 years, R/o Kewatpara, Masgaon, Out Post Bakawand, Distt. Bastar (C.G.) Non-Applicant no.1/Driver 3.y Sukaluram Bhatra, S/o'Shri Dasham, aged 60 years, Caste - Bhatra, R/o Dhotrapal, P.S. Jagdalpur, Distt. Bastar (C.G.) Non-Applicant no. 2/Owner CIAIM IN APPEAL FOR SETTING ASIDE THE AWJ^BD YM.OT1DAT RSW3/37,830/- (RUPEES THREE LACS THIRTY SEVEN THOUSAND EIGHT HUNDRED THIRTY ONLY) \\ ^l ^^ I HIGH COURT OF CHHATTCSGARH AT BIL^SPUR DIVISION BENCH HON'BLE MR. I.M.QUODUSI & HON'BLE MR. WLAM MINHAJUDDIN. JJ. App€LU<ant Respondents M^.fa No.859/2008 New India Assurance Co. Ltd. Vs Prabhunath <& others Present: Mr. Saurabh Sharma, Adv. for the appellant, Mr. M.V. Paranjpe, Adv. with AAr. V. Dixit, Adv. for the respondent Nos. 2 <& 3, None for the respondent-claimants. ORDER fOraiy (26th August. 2011) I.M. Quddusi. J; 1. By way of this appeal under Section 30 of the Workmen's Compensation Act, 1923 (for short *the Act, 1923'), the appellant-Insurance Company has challenged the award dated 30.4.2008 passed by the tearned Commissioner, Workmen Compensation-cum- Labour Court, Ja9dalpur (for short the Commissioner') in Case No.24/WCAct/C/l/2007/Fatal. 2. Facts of the case, in brief, are that deceased Phoblkumar was employed by the respondent No.2 in his tractor-trolley bearing registration number CG015-B-6133 <& C605-B-6134 respectively. On 18.1.2007 the said tractor-trolley turned turtle due to rash and negligent driving by its driver GS a result of which the deceased, who was traveling in the trolley loaded with the bricks, came under the said vehicle and sustained grievous injuries. When he was being brought to the Maharani Hospital, Jagdalpur, he died on the way. Matt-er was reported in the Police Station Nagarnar. The claimants have filed the claim petition seeking compensation to the tune of Ks.3,37,830/- along with 9% interest p.a. and amount of penalty on the ground that they were dependent on the deceased, who was the sole earning member in family, and due to his death, they have suffered loss of income, ^ J' '^^'^ ^o 3, The Commissioner allowed ctaim application of the claimants, awarded a compensation of Rs.3,37,380/- and fastened liability on the appetlant herein to pay compensation. 4. We have heard learned counsel for the parties and perused the records of the Court below as also the findings given in the impugned award. 5. It is the case of the claimants themselves that the deceased was sitting over the bricks loaded in the trolley in question, which was infact not the place of sitting. The owner or the driver should not have allowed the deceased to sit over the bricks and if it is allowed then it is the responsibility of the owner of the vehicle in question to pay compensation w\d not the insurance company because there is clear breach of the conditions of the insurance policy, 6. In the result, we allow the appeal, set aside the impugned award, so far as it relates to fastening of liability upon the appellant Insurance Company, and exonerate it from its liability to pay compensation to the claimants for the death of deceased Phoolkumar. However, it will be open for the claimants to realize the amount of compensation from the employer/owner of the vehicle i.e. respondent No.S-Sukaluram Bhatra, son of Shri Dasham. It is also directed that if the amount deposited by the appetlant herein has not been disbursed so far to the cldmants, the appellant shall be allowed to withdraw the same and if the same has been withdrawn by the claimants, it will be open for the appellant-Insurance Compcmy to recover the same from the owner of vehicle in question i.e. respondent No.3 herein. 7. Certified copy as per rules. Roshan/- Sd/- f.M.Quddusi Judge Sd/- G. Minhajuddin Judge