UNITED INDIA INSURANCE CO.LTD Vs. MOHAN

JUDGEMENT

(1.) These appeals are filed by the Insurance Company against the judgment and award dtd. 29/6/2010 passed by the Labour Officer and Workmen's Compensation Commissioner, Sub-Division II, Ballari, (for short 'the Commissioner') in Ka.Na.Pa./CR-16 to 20/2007 questioning the liability as well as the compensation.

(2.) The factual matrix of the case of the claimants before the Commissioner is that on 19/6/2004 all of them were proceeding as labourers and as drivers in vehicle bearing registration No.KA-36/0053 on the instructions of the 1st respondent/owner in order to load and unload the size stones and suddenly the axle blade broke down as a result of which driver lost control over the vehicle and the accident has taken place and they have sustained the injuries and immediately they were shifted to the Primary Health Centre, Kurugodu, where they took first aid and it is their claim that on account of the accidental injuries they have suffered the permanent disability.

(3.) In order to prove their case, all the claimants got examined themselves as PWs-1 to 5 and also examined the doctor as PW-7. The doctor PW-7 in respect of the claimants filed an affidavit and assessed the disability of 35% to 40%. The claimants relied upon document Ex.P.1 to Ex.P.18. The Insurance Company relied upon the policy, Ex.R-2-1 and the Commissioner has awarded compensation of Rs.1,22,304.00, Rs.1,14,616.00, Rs.1,17,542.00, Rs.1,13,557.00 and Rs.1,49,745.00 respectively and hence, the present appeals are filed by the Insurance Company.