NATIONAL INSURANCE CO. LTD. Vs. ANIL

JUDGEMENT

(1.) The present appeals have been preferred by insurance company assailing the award passed by the Commissioner for Workmen's Compensation impugned dtd. 31/10/2006 which was confirmed by the High Court by impugned judgment dtd. 18/2/2010. It is not in dispute that respondent no.2-employer was duly insured during the interregnum period when the incident occurred on 23/3/2006.

(2.) The indisputed fact is that the employee was keeping the gas cylinders in order but, due to some negligence, the cylinder fell on respondent-claimant(s) and both of them sustained injuries and took treatment in the hospital and because of the said injury suffered by the claimant(s), one of the claimant(s), namely, Siddappa carried permanent disability. Both of them approached before the Commissioner for Workmen's Compensation by filing their respective application(s) under the Workmen's Compensation Act, taking recourse to Sec. 5 of the Fidelity Guarantee, which reads as under:-

(3.) The Commissioner for Workmen's Compensation under its impugned award dtd. 31/10/2006 and also the High Court under the impugned judgment dtd. 18/2/2010 returned the finding that the alleged incident was due to dishonest act on the part of the employee(s) and the injuries suffered by them are covered under the Fidelity Guarantee since it occurred due to dishonest act on the part of the employee(s).