DIVISIONAL MANAGER,NEW INDIA ASSURANCE Vs. SUSHEELAMMA

JUDGEMENT

(1.) This appeal is a typical example of the most cantankerous and irresponsible manner in which the nationalized insurance companies function in our country. In the present appeal, the New India Assurance Co. Ltd., was the insurer providing cover to the owner of a lorry bearing Reg. No. KA-37/5426, owner by name, Mahmad Hussain Mehboob Sab, has been arrayed as respondent No. 6 in this appeal and the policy is issued by the insurance company in favour of the said owner, which has covered the risks of the insured not only in respect of the claim under the Motor Vehicle Act, but also claims arising out of the Workmen's Compensation Act, 1923 [for short, the Act].

(2.) The driver of the vehicle had died on 17.03.2006 while in the course of employment, but not exactly while driving the vehicle. In respect of this incident, a claim application seeking for compensation had been filed before the Commissioner of Workmen's Compensation, Bellary Division, Davanagere. The commissioner in terms of his order dated 05.02.2007, allowed the claim petition in part and awarded a sum of Rs. 3,11,055/- as compensation, which reads as under:-

(3.) The application filed by the legal heirs of the deceased persons showed the owner as respondent No. 1, and the present insurance company as respondent No. 2. The application resulted in the order and award dated 05.02.2007 determining the compensation of Rs. 2,85,372/- payable with interest at 12% from the date of the death of the person till the date of the order. In all totaling Rs. 3,11,055/-.