UNITED INDIA INSURANCE CO. LTD. REP. BY ITS REGIONAL MANAGER Vs. MURALI MOHAN S/O KRISHNAPPA AND M. MANJUNATHA S/O K. MUNIVENKATAPPA

JUDGEMENT

(1.) THE United India Insurance Company Limited filed this appeal being aggrieved by the award dated 28 -2 -2006 passed in WCA/NFC -41/2004 by the Commissioner for Workmen's Compensation, Bangalore.

(2.) THE facts of the case are as follows: The first respondent filed a claim petition under the Workmen's Compensation Act seeking compensation interalia contending that he was wanting as a driver of goods Tempo bearing Registration No. KA -08/1740 belonging to the second respondent. During the course of employment the said tempo, met with an accident on 14 -4 -2004 at about 4.30 p.m. while proceeding from Chenni towards Bangarpet taking a load of vegetables. Due to the accident, the claimant sustained the following injuries: Open compound fracture of shaft femur right, basal neck fracture, femur right, medical condyle fracture of lemur, injury on the right patella, injury and wound on the right knee with exposed medial condyle of femur and small fragments of tibula and other injuries. Immediately he was taken to the CMC Hospital at Vellore and he was in -patient in the said Hospital for two days and thereafter he was shifted to Mallya Hospital, Bangalore for further treatment. He was in patient in the said Hospital till 23 -5 -2004.

(3.) IN pursuance to the notice issued by the Commissioner for Workmen's Compensation, the second respondent entered appearance and admitted the fact that the tempo in question met with an accident on 14 -4 -2004 and that the claimant is a workman under him and also that he was paying a salary of Rs. 4,000/ - p.m. and Rs. 50/ - per day as batta. Since the said tempo is covered by the insurance, the Insurer is liable to pay compensation.