DIVISIONAL MANAGER Vs. SHANKARAMMA

JUDGEMENT

(1.) This appeal is filed by the Insurance Company challenging the judgement and award passed in WCA:F/109-A/2008 dtd. 20/8/2009, wherein liability is fastened on the Insurance Company by granting compensation of Rs.3,03,620.00 with 12% interest.

(2.) Factual matrix of the case of the claimants before the Workmen's Commissioner (for short, 'Commissioner') is that deceased Eranna was working as driver with respondent No.1 in respect of lorry bearing No.KA-19/B-1126 and he was taking rest near Idya village, Suratkal by halting in the said vehicle. He died due to cardiac arrest and hence the claimants being the legal representatives of said Eranna laid a claim before the Commissioner. Respondent No.1, who is the owner of the vehicle admitted his employment and also admitted that during the course of employment Eranna died. Insurance Company has filed written statement denying the contents of the claim petition and contended that the deceased was not a workmen within the meaning of Sec. 2(1)(n) of Workmen's Compensation Act and also denied his avocation, income and contended that it is clear that he died due to cardiac failure. Subsequently, Insurance Company got amended the written statement contending that he has died due to cardiac failure and not due to accidental death and he was taking intoxicated drugs, which is not covered under the policy and hence, Insurance Company is not liable to pay the compensation.

(3.) Claimants in order to prove their case, examined one witness i.e. wife of deceased as P.W.1 and got marked documents as Exs.P.1 to P.7 and also examined one witness as P.W.2. On the other hand, insurance company examined branch manager as R.W.1 and policy was got marked as Ex.R.1.