UNITED INDIA INSURANCE COMPANY LTD., BY ITS MANAGER Vs. JAYANNA, S/O THIPPESWAMY AND T. RAJAPPA, S/O THIPPESWAMY

JUDGEMENT

(1.) CHALLENGE in this appeal is to a judgment and order directing the Appellant to deposit compensation of Rs. 1,18,236/ - with interest. For convenience, the parties would be referred to with reference to their rank in the claim petition.

(2.) MATERIAL facts of the case are as follows: Petitioner was a coolie in a tractor -trailer bearing registration Nos. KA -16 -3169 & 3170, which belonged to T. Rajappa, S/o Thippeswamy, An accident involving the said vehicles occurred on 31.03.2005 and the Petitioner who was a coolie in the vehicle, sustained injuries during the course of employment. A claim petition was filed to direct the deposit of compensation by the employer and the insurer. The claim petition though was contested by the insurance company, the employer having remained exparte, the Commissioner after conducting enquiry has allowed the claim petition and has directed the Appellant to deposit compensation of Rs. 1,18,236/ - with interest at 12% p.a. from 30.04.2005.

(3.) SRI Harish, learned Counsel appearing for the 1st Respondent, firstly contended that, the insurance policy covers the risk of one employee since extra premium has been collected. Secondly, the assessment of loss of earning capacity is with reference to the evidence of qualified medical practitioner and hence, no interference with the finding of fact recorded by the Commissioner is called for. Thirdly, the awarding of interest is in consonance with the ratio of decision reported in Shri Aleemuddin and Others Vs. The Divisional Manager, New India Assurance Company Limited, ILR (2009) KAR 1422 Learned Counsel by placing reliance on a decision reported at National Insurance Company Limited Vs. Smt. Renuka and Others, ILR (2008) KAR 5122 , contended that, the appeal is misconceived and hence may be dismissed with costs.