NEW INDIA ASSURANCE CO LTD Vs. A NARAYANAPPA

JUDGEMENT

(1.) The 2nd Respondent insurance company in WCA.NFC.24 and 25/2000 on the file of Commissioner for Workmen's Compensation, Kolar has filed these appeals challenging the common order dated 29.10.2005 passed in the aforesaid two claim petitions so far as it pertains to fastening liability to pay compensation to claimants on it.

(2.) Brief facts leading to these appeals are as under:

(3.) On appreciation of pleadings, oral and documentary evidence available on record the Commissioner proceeded to hold that claimants 1 and 2 met with an accident on 8.9.1999 in the course of their employment as loaders under 1st Respondent in his lorry and the injury caused to them in the said accident is attributable to their employment in the lorry belonging to 1st Respondent; as such they are entitled to compensation. The Commissioner assessed the compensation payable to claimants taking their wages at Rs. 3,000/- p.m. each. Considering the age of Thimmappa the factor of 102.93 was taken and holding that he has suffered loss of earning capacity to the tune of 40% compensation of Rs. 49,406/- was awarded to him. So far as Narayanappa is concerned factor of 201.66 was taken considering his age and his loss of earning capacity was taken at 36% and accordingly, compensation in a sum of Rs. 87.117/- was awarded to him. It is further ordered that both of them are entitled to receive compensation as calculated above with 12% from the date of accident till date of deposit of entire amount and liability to pay said compensation was fastened both on 1st Respondent, owner of lorry in question as employer and 2nd Respondent as insurer of said lorry.