LAWS(KAR)-2010-9-46

MANAGER ORIENTAL INSURANCE CO LTD Vs. RAGHU

Decided On September 07, 2010
MANAGER, THE ORIENTAL INSURANCE CO. LTD Appellant
V/S
RAGHU Respondents

JUDGEMENT

(1.) The Appellant-Insurance Company is questioning the legality and correctness of the order passed by the Commissioner for Workmen's Compensation, Bangalore in WCA. NFC. No. 33/2004, dated 12-7-2006.

(2.) The Respondent-Raghu filed a petition under Section 22 of the Workmen's Compensation Act, 1923 on the ground that on 30th June, 2004 at about 8.00 a.m. he was discharging his duty as a loader and cleaner in the bus bearing No. KA-01-A-248 owned by the Respondent-Sarasamma. He was travelling as a loader and unloader from Thali to Bangalore. When the bus reached Karadidoddi, the bus driver stopped the vehicle and directed the claimant to put the luggage on the top of the bus. On the instruction of the driver, when he was about to board the bus, the conductor without observing that the claimant was boarding the bus, gave a signal to the driver, as a result of which the bus moved suddenly, which resulted in claimant fall on the road and sustained grievous injuries to both the hands, head and other parts of the body. Immediately, he was shifted to South Tower Hospital and he underwent surgery. A case was registered against the driver of the vehicle by the Harohalli Police in C.R. No. 117 of 2004. According to the claimant he was getting a salary of Rs. 5,700/- p.m. and was aged about 22 years, on account of the injuries sustained by him, he is unable to discharge his duties as a loader and unloader and he is also unable to do any other day-to-day work. He also got examined the doctor to show the nature of disability caused to him. According to him, as a result of the accident, he is suffering from Neurological decease and according to the Doctor, it is irreparable, as a result of the injuries he has lost the memory power and also permanent disability to his right lower limb and other parts of the body.

(3.) The Appellant-Insurance Company contended that the claimant was not an employee of Sarasamma and that there was no relationship of master and servant and that the claim petition filed by him before the Commissioner was not maintainable. Therefore, the Insurance Company requested the Commissioner to dismiss the claim petition. Before the Commissioner, the doctor was also got examined to show the nature of disability caused to the claimant. Since the owner of the bus did not dispute the master and servant relationship, the Commissioner held that there exists a relationship of master and servant and that the claim petition lodged by him was maintainable. Considering the disability caused to the lower limb at 60% and considering the loss of memory, the Commissioner came to the conclusion that the claimant is suffering from 100% disability. Accordingly, he awarded a sum of Rs. 3,98,466/-. Being aggrieved by the same, the present appeal is filed by the Insurance Company.