ORIENTAL ISURANCE CO LTD Vs. RATHNAMMA

JUDGEMENT

(1.) THE Oriental insurance Co. Ltd. has filed this appeal against the award of the Commissioner, workmen's Compensation, Davanagere.

(2.) RESPONDENT No. 1, Rathnamma hereinafter referred to as 'claimant' filed a claim application under Workmen's Compensation Act (for short 'the Act') before the Commissioner, Workmen's Compensation, Davanagere, contending her son kotrappa, hereinafter referred to as 'the deceased' for convenience, was working as a coolie under respondent No. 2, on a monthly salary of Rs. 600. On 26. 11. 1991 the deceased after loading manure on the tractor-trailer belonging to the appellant was travelling in the said vehicle. On account of the rash and negligent driving of the driver of the vehicle, the deceased fell from the tractor, sustained injuries and later succumbed to it. The death occurred in the course of employment and hence prayed for awarding a sum of Rs. 5,00,000 as compensation against the employer.

(3.) THE Commissioner after notice and enquiry has taken the age of the deceased as 12 years and adopting a multiplier corresponding to the age 16, in Schedule IV has awarded a sum of Rs. 72,401 as compensation; since the vehicle in question was insured with the appellant and admittedly the policy was in force, has directed the insurance company to pay the same.