ORIENTAL INSURANCE COMPANY Vs. BASAVARAJU

JUDGEMENT

(1.) THIS appeal by the Insurance Company/second respondent in No. CWCB -4/WCA/FC/CR -2/98 on the file of Commissioner for Workmen 's Compensation, Bangalore Division - IV, Bangalore is directed against the Judgment and award dated 31.1.2000.

(2.) THE essential facts of the case necessary for the disposal of this appeal are as follows: The parties would be referred to with reference to their rank before the Workmen 's Compensation Commissioner. The parents of the deceased Sri Kumara Alias Kulla filed a claim petition seeking compensation of Rs. 2,24,000/ - from the respondents being the owner and insurer of the lorry bearing No. KA -05 -A -8829 towards the death of Sri Kumara Alias Kulla due to the injuries sustained in a motor accident that occurred on 15.11.1997 at about 2.30 a.m. on Bangalore - Mangalore (NH -48) road near Tiptur due to the rash and negligent driving of the above said lorry by its driver.

(3.) THE Workmen 's Compensation Commissioner after considering the material on record, by his judgment dated 31.1.2000 held that Sri Kumara Alias Kulla died due to the injuries sustained in the motor accident that occurred on 15.11.1997 at about 2.30 a.m. due to the rash and negligent driving of the lorry bearing No. KA -05 -A -8829 by its driver and the claimants being the parents of the deceased are entitled to compensation of Rs. 2,24,000/ - with interest at 12% p.a. from 15.11.1997 till the date of the order and held that respondent Nos. 1 and 2 i.e., the owner and insurer of the vehicle are liable to pay the compensation being aggrieved by the said judgment and award in so far as it relates to saddling the Insurance Company of the liability to pay the compensation to the claimants, the Insurance Company has preferred this appeal.