BRANCH MANAGER, ORIENTAL INSURANCE CO.LTD. Vs. TAHASEENTAJ

JUDGEMENT

(1.) These two appeals are filed challenging the judgment and award dtd. 28/2/2011 passed by the Commissioner for Workmen's Compensation, Haveri, (for short 'the Commissioner) in W.C.A.Nos.25/2010 and 26/2010 questioning the maintainability, liability and quantum.

(2.) The factual matrix of the case of the claimants before the Commissioner is that deceased Shamiulla, on 26/5/2009 when the husband of the Tahaseentaj (claimant/respondent No.1) was travelling in a lorry bearing registration No.KA-05/B-7009 as a second driver along with his son Irfan and the said vehicle was driven by his another son Majju @ Majjumeerpasha and the said vehicle met with an accident as a result of which Shamiulla and Irfan both sustained grievous injuries and succumbed to the injuries on the spot. Hence, wife of Shamiulla, son and daughter of Shamiulla filed two claim petitions before the Commissioner seeking for compensation for the death of Shamiulla and Irfan.

(3.) In support of their claim, the wife of Shamiulla got examined herself as PW-1 and also got marked documents Ex.P.1 to Ex.P.12. On the other hand, the Administrative Officer of Insurance Company is examined as RW-1 and got marked documents Ex.R.1 and Ex.R.2 and the owner of the vehicle was placed exparte. The Commissioner considering both oral and documentary evidence allowed the claim petitions awarding compensation of Rs.3,26,140.00 in WCA No.25/2010 and Rs.3,99,945.00 in WCA No.26/2010 with interest at the rate of 12% p.a. after 30 days of the accident. Being aggrieved by the said judgment and award, the Insurance Company has filed the present appeals.