UNITED INDIA INSURANCE COMPANY LTD Vs. VARIJA

JUDGEMENT

(1.) THE 2nd respondent insurance company in Sr.No.6/2008 on the file of Commissioner for Workmens Compensation. Dakshina Kannada. Mangalore has come up in this appeal challenging the order dated 30/6/2009 passed therein.

(2.) BRIEF facts leading to this appeal are: One Janardhan Gowda who was working as driver of lorry bearing No.KA-19/4001 belonging to 1st respondent insured with 2nd respondent met with an accident on 19.11.2007 at about 1.10 in the afternoon. Subsequently, his widow and children filed claim petition seeking compensation for his death against the owner of lorry and also insurance company contending that accident resulting in the death of Janardhan Gowda has taken place in the course of his employment and the death caused is directly attributable to stress and strain arising out of employment. The claim petition was allowed by awarding compensation to claimants in a sum of Rs.3,56,980/- with interest at 12% p.a., from 30th day of accident till date of deposit of entire amount. In the said order Commissioner held that the accident resulting in the death of Jarnadhana Gowda has taken place in the course of his employment and his death his directly attributable to his employment. It is also held that the claimants who are his widow and children being his legal heirs are entitled to compensation awarded in the said proceedings.

(3.) HEARD the counsel for appellant and respondents/claimants. On reappreciation of the pleadings, oral and documentary evidence available on record with reference to grounds of appeal and finding of Commissioner in the impugned order this court answer both the substantial questions of law in the negative for the following: REASONS Admittedly, in this proceedings relationship between parties i.e., relationship of claimants as widow and children of deceased Jarnadhana Gowda and relationship of deceased with 1st respondent as employee and employer and between respondents 1 and 2 as insured and insurer is not in dispute. It is also not in dispute that on 19.11.2007 at about 1.10 pm., in the afternoon while Jarnadhan Gowda was driving the offending lorry died after the said lorry met with an accident dashing against the road side tree.