NEW INDIA ASSURANCE CO LTD Vs. VENKATESHAPPA

JUDGEMENT

(1.) The legality and correctness of the order passed by the Commissioner for Workmen's Compensation, Kolar dt. 24.12.2005 passed in W.C.A.F.C. No. 31/2003 is called in question by the Appellant.

(2.) The facts leading to this case are as hereunder:

(3.) According to the claimants, deceased was aged about 26 years and was getting an income of Rs. 4,000/-and batta of Rs. 20/- per day. The owner of the vehicle admitted the relationship of employer and employee. However, the Insurance Company contended that though the policy has been issued, it is not liable to cover the risk of the deceased. The Commissioner having considered the evidence let in by the parties, came to the conclusion that the deceased was an employee under the 1st Respondent and he died while discharging his duties as a cleaner-cum-loader and un-loader and that the deceased was getting an income of Rs. 4,000/- per month and ultimately held that the Appellant - Insurance Company is liable to pay the compensation considering the policy issued by the owner of the vehicle. Accordingly, compensation of Rs. 3,28,302/- has been awarded with interest at 12% p.a. to be calculated after 30 days from the date of accident. This judgment and decree is called in question by the Insurance Company.