NATIONAL INSURANCE CO. LTD. REPRESENTED BY ITS ADMINISTRATIVE OFFICER Vs. ERANNA @ ERAIAH AND SHIVAKUMAR BOTH S/O CHIKKANNA

JUDGEMENT

(1.) THE National Insurance Company Limited being aggrieved by the award dated 21 -4 -2006 passed in WCA/CR - 4/2005 by the Commissioner for Workmen's Compensation, Tumkur, preferred this appeal.

(2.) THE brief facts of the case are as follows: The first respondent -claimant filed a claim petition before the Commissioner for Workmen's Compensation interalia contending that his son Arun Kumar was working as a driver in a Tempo bearing registration No. KA -16/7268 belonging to the second respondent herein. On 1 -10 -2004 while he was proceeding towards Jnanabharathi Outer ring road near Ganesh Complex at about 6.30 p.m., a goods lorry bearing registration No. AP -03/P -9979 came from the opposite direction and dashed against the tempo. Due to the heavy impact, the son of the claimant Arun Kumar died on the spot while discharging his duty as a driver of the said Tempo.

(3.) PURSUANT to the notice issued by the Commissioner for Workmen's Compensation, the owner of the vehicle remained unrepresented. The appellant who is the second respondent before the Commissioner filed written statement denying the averments made in the claim petition and contended that it is for the claimant to prove that during the course of employment his son died on 1 -10 -2004 and denied the averment regarding the salary drawn by the deceased and also contended that as on the date of the accident, the deceased driver did not possess a valid Driving License. Hence, the appellant is not liable to pay any compensation and sought for dismissal of the claim petition.