UNITED INDIA INSURANCE CO LTD Vs. GURURAJ

JUDGEMENT

(1.) The 1st Respondent had filed an application under the provisions of the Workmen's Compensation Act, Commissioner, 1923, claiming compensation from the 2nd Respondent and the Appellant, in respect of the injuries sustained by him in a motor vehicle accident which occurred on 13.10.2005. The 2nd Respondent is the owner of Maxi cab Tempo Traveller bearing registration No. KA- 05-B-3731, which had been insured by the Appellant, as on 13.10.2005. The 1st Respondent was employed by the 2nd Respondent as a driver to drive the said vehicle. An accident involving the said vehicle occurred on 13.10.2005 and the 1st Respondent sustained injuries, which arose out of and in the course of his employment. Though injuries were sustained and there was partial permanent disability resulting in loss of earning capacity, the 2nd Respondent/employer, who was liable to pay compensation, did not pay the compensation, which resulted in an application being filed before the Workmen's Compensation Commissioner, against the 2nd Respondent and the Appellant.

(2.) To the application, the 2nd Respondent filed statement dated 18.02.2009, wherein he admitted the jural relationship, the occurrence of the accident, sustaining of injuries by the employee and the vehicle having been insured by the Appellant with policy No. 072300/31/04/08696 for the period from 23.03.2005 to 22.03.2006. However, the quantum of compensation claimed was questioned. The Appellant filed its statement of objections on 08.11.2006 and contested the claim.

(3.) Issues were framed. The Applicant deposed. He also examined Dr. S. Ramachandra, Orthopaedic Surgeon, Bowring and Lady Curzon Hospital, Bangalore. Ex.P-1 to Ex.P-9 were marked. No rebuttal evidence was adduced by the insured and insurer. Noticing that, on account of the injuries sustained in the accident there is partial permanent disability sustained by the employee/Applicant, the claim application was allowed in part and an award for Rs. 1,31,082/- with interest at 12% from 13.11.2005 was passed. This appeal is directed against the said award.