United India Insurance Co Ltd v. Smt. Urmila Devi and Others

Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 1362 of 2005 Appellant :- United India Insurance Co Ltd Respondent :- Smt. Urmila Devi And Others Counsel for Appellant :- Kuldip Shanker Amist Counsel for Respondent :- R.M. Vishwakarma Hon'ble Saral Srivastava,J.

¶1Heard learned counsel for the appellant.

¶2The present appeal has been filed by the appellant-insurance company challenging the award dated 31.03.2005 passed by Workmen's Compensation Commissioner, Kanpur Region in K.R.W.C. No.115 of 2002.

¶3The only contention advanced by learned counsel for the appellant is that the truck was insured for private purpose whereas it was being used for commercial purpose as the trolley attached with the tractor was carrying morang, and thus, the tractor was being used in breach of terms and conditions of insurance policy. Accordingly, it is contended that insurance company is not liable to pay compensation.

¶4Be that as it may, in claim petition under Workmen Compensation Act, the claimant/respondent is required to prove only two ingredients; there was relationship of employer and employee between the owner of the tractor and the deceased died during the course of employment and due to injuries suffered by him during the course of employment. In the instant case, the Commissioner found that both the ingredients are present. The question of breach of policy cannot be looked into in proceeding in a case instituted under Workmen Compensation Act as the breach of insurance policy is the issue between the insured and insurance policy. If the insurance company feels that the owner has committed breach of insurance policy and if it is so advised, the insurance company may institute a separate proceeding to recover the awarded amount from the owner.

¶5For the reasons given above, the appeal lacks merit and is accordingly dismissed without any order as to costs. Order Date :- 1.11.2023 R.S. Tiwari High Court of Judicature at Allahabad