NATIONAL INSURANCE CO LTD Vs. MOHAMMED

JUDGEMENT

(1.) RESPONDENTS 1 to 4 herein, filed claim application before the Commissioner for Workmen's Compensation, D.K., Sub-Division I, Bendoorvel, Mangalore, against respondent No.5 and the appellant, to direct the deposit of compensation, on account of the loss suffered due to death of one Mr. Musthab, who sustained injuries in an accident that occurred on 18.9.05 during the course of employment as a cleaner in Lorry bearing registration No. KA-19/3486, which belonged to the 5th respondent herein and was insured by the appellant. The claim having been allowed in part and the appellant having been directed to deposit the compensation amount of Rs.3,32,739/- with simple interest at 12% p.a. with effect from 29.8.07, this appeal has been filed. For convenience, the parties would be referred to with reference to their rank in the claim application.

(2.) THE case of the petitioners in the claim petition filed, in brief, is as follows :- Petitioners are the parents, wife and daughter respectively of Abdul Musthab, who was employed by Mr. Askar Ali-1st respondent, to work as a cleaner in his vehicle bearing registration No.KA-19/3486. That on 17.9.05, fish was loaded to the vehicle and was delivered at Bhatkal on 18.9.05. On their return, when the vehicle reached Paduvara Village, Kelagina Jaddu, the radiator of the vehicle having heated up, the driver instructed Abdul Musthab to draw water from the nearby river side to fill in the radiator and also wash the vehicle. As per instructions, of the driver, Abdul Musthab went towards the river side in order to fetch water for filling in the radiator and washing of the vehicle and while coming back, he slipped, fell in the water and succumbed to death. THE jurisdictional police registered case in UDR Noi23/05. Deceased was 31 years of age and was earning Rs.5,000/- as wages in addition to Rs.100/- per day as bhata from the owner. Since accident occurred during the course of employment resulting in death of Abdul Musthab, compensation of Rs.8,23,920/-with interest was claimed by filing a petition before the Commissioner for Workmen's Compensation on 8.11.05.

(3.) THE 2nd respondent-Insurance Company filed application dated 23.3.07 to summon Dr. Hafiz Ur Rehman, Medical Officer, Primary Health Centre, Shirur - 576 228. THE said Medical Officer was examined on 10.4.07 and was subjected to cross-examination. Exs.R1 to R3 were marked through him. Ex.R4 is the insurance policy in respect of the vehicle for the period from 23.2.05 to 22.2.06. THE owner of the vehicle deposed on 18.2.06 and was cross-examined on 26.6.07. Driver of the vehicle -Vasu deposed on 30.10.06 and was cross-examined on 26.6.07.