NATIONAL INSURANCE COMPANY LTD NOW REPRESENTED BY ITS REGIONAL OFFICE, NATIONAL INSURANCE COMPANY LTD. Vs. SMT. LAKSHMIDEVAMMA, W/O. ASHWATHANARAYANA AND G.K. MANJUNATH, S/O. KRISHNAPPA

JUDGEMENT

(1.) THESE two appeals by the Insurer are directed against the common judgment and award dated 25th February 2006, passed in WCA/NFC -34/2002 and WCA/NFC -34/2002, by the Labour Officer and Commissioner for Workmen's Compensation, Kolar, (hereinafter referred to as "the Commissioner"), raising the following substantial questions of law:

(2.) THE occurrence of accident at about 9:45 A.M. on 31 -05 -2002 and the resultant injuries sustained by the claimants are not in dispute. Further, it is also not in dispute that the claimants are claiming to be coolies doing loading and unloading work. They met with the said accident during the course of their employment. Therefore, on account of the injuries sustained in the accident, the claimants in these two appeals filed their respective claim petitions before the Commissioner, seeking compensation under the Workmen's Compensation act. The Commissioner, after, assessing the oral and documentary evidence available on file and other relevant material, taking into consideration the age of the claimants, avocation and the year of accident, has allowed both the petitions in part, awarding reasonable compensation and fastening the liability on the Insurer to satisfy the award. Being aggrieved by the said portion of the judgment and award, the Appellant Insurer has presented these appeals, seeking to set aside the liability fastened on it by the Commissioner.

(3.) LEARNED Counsel appearing for Appellant Insurer, at the outset submits that the Commissioner is not justified in directing the insurer to satisfy the award, for the reason that the claimants were travelling as gratuitous passengers in a good carriage vehicle, in gross violation of the terms and conditions of the insurance policy. In support of his submission, he submits that, the Hon'ble Supreme Court, in the case of National Insurance Co. Ltd. Vs. Bommithi Subbhayamma and Others, (2005) 12 SCC 243 in Review Petition (C) No. 935 of 2003 in S.L.P. (C) No. 5628 of 2003 decided on 21st February 2005, has clearly held that in respect of gratuitous passengers, insurer is not liable to satisfy the award, but the claimants are entitled to recover the same from the owner of the offending vehicle. Therefore, he submits that the impugned judgment and award passed by Commissioner is liable to be sec aside only in so far as It relates to fastening liability on the Appellant insurer.