BRANCH MANAGER Vs. R. RAMA NAIK

JUDGEMENT

(1.) This appeal by the Insurer seeks to lay a challenged to the Judgment & Order dtd. 14/5/2009 entered by the Commissioner for Employees Compensation, Sub Division- II, Ballari, whereby the claim petition in WCA No.388/2004 having been favoured, a compensation of Rs.1,02,186.00 with interest at the rate of 12% p.a. has been awarded. The learned Panel Counsel appearing for the appellant- Insurer vehemently argues that no compensation could have been awarded inasmuch as there is absolutely no evidentiary material for proving the accident in question or the nature of injury and kind of medical treatment therefor.

(2.) After service of notice, claimant having entered appearance through his counsel vehemently resists the appeal making submissions in justification of the impugned Judgment & Order and the reasons on which it has been constructed. Learned counsel with equal vehemence contends that the statutory authority having advantage of expertise in the matter has made the award and therefore, the appeal under Sec. 30(1) of the Employees Compensation Act, 1923 being restrictive cannot be entertained. Having so contended, he seeks dismissal of the appeal.

(3.) The appellant-Insurer has framed the following three substantial questions of law in his memorandum of appeal: