NATIONAL INSURANCE CO. LTD. NOW REP. BY ITS REGIONAL MANAGER, NATIONAL INSURANCE CO. LTD. Vs. SMT. MASTHAMMA, W/O. LATE CHOWDAIAH AND OTHERS

JUDGEMENT

(1.) APPELLANTS in MFA 10915/2008 are the Petitioners in WCA/F.C/CR -73/2007 on the file of Commissioner for Workmen's Compensation, Mysore District, Mysore. MFA 70/2009 is by the 2nd Respondent in the said case. The appeal filed by the Petitioners is for correct assessment and awarding enhanced compensation. The appeal by the insurance company is with regard to its liability to deposit the assessed compensation/award amount. For the sake of convenience, the parties would be referred to with reference to their rank in the claim petition.

(2.) THE Petitioners are the wife, son and patents of one Chowdaiah. Tractor trailer bearing registration No. KA -11 -T -7407 and 7408 belongs to the 1st Respondent/Sri Channegowda @ Puttegowda. The said vehicles were insured by the 2nd Respondent (Appellant in MFA 70/2009). According to the Petitioners, Chowdaiah was employed as a loader in the said tractor -trailer by the 1st Respondent and an accident occurred on 18.04.2007 during the course of employment of Chowdaiah as a loader in the said vehicles. Chowdaiah having sustained fatal injuries, despite being shifted immediately to Government Hospital at Channapatna for treatment, succumbed. Claim petition was filed by the legal heirs of the deceased against the owner and insurer of the said vehicles.

(3.) BASED on the pleadings of the parties, issues were raised. Evidence was adduced on behalf of the Petitioners. However, no evidence was adduced on behalf of the Respondents.