MANAGER NATIONAL INSURANCE CO. LTD. NOW REP. BY ITS ADMINISTRATIVE MANAGER T. MAHENDRA Vs. M. GOPAL S/O MUKKA VEERAPPA AND J. SHEKARAPPA S/O HANUMANTHAPPA OWNER OF TATA TIPPER LORRY

JUDGEMENT

(1.) AGGRIEVED by an Award passed in favour of the 1st Respondent by fastening the liability on the Appellant to pay/deposit the compensation amount/Award amount, the Insurance Company has filed this appeal. For the purpose of convenience, the parties would be referred to with reference to their rank in the claim petition.

(2.) THE applicant M. Gopal was employed by the 1st Respondent as a driver, to drive a vehicle bearing registration No. KA -49 -0035. During the course of employment and while on duty, an accident occurred on 13.9.05 and the applicant sustained injuries. After taking treatment and finding permanent disability resulting in loss of earning capacity, claim petition was filed against the employer and the insurer of the vehicle. The employer appeared in the claim petition and filed statement of objections dated 3.6.08, wherein he admitted the employment of applicant as a driver in the lorry, the occurrence of the accident, sustaining of injuries as a result of the accident while on duty and also about the treatment. According to him, the treatment expenses was borne by him. However, it was stated that, he was paying consolidated salary of Rs. 5,000/ - p.m. and that the vehicle having been insured and the policy being valid from 23.2.07 to 22.2.08 was cited The Insurance Company filed statement of objections dated 26.8.08 and denied the claim.

(3.) SRI L. Sreekanta Rao, learned Counsel appearing for the Appellant/2nd Respondent, contended that, the rejection of application filed by the Appellant to refer the applicant to the doctor who treated him for the injuries sustained in the accident for the purpose of assessment of disability is not justified. Learned Counsel alternatively contended that, the assessment of permanent disability by PW -2, which the Commissioner has accepted as it is, is not justified in not keeping in view the nature of injuries sustained and the avocation of the applicant, who has not even surrendered the driving licence.