NATIONAL INSURANCE CO LTD Vs. SIDDAPPA

JUDGEMENT

(1.) THIS appeal is arising out of an order passed by the Commissioner for Workmen's Compensation, chitradurga in WCA/nfc/cr No. 49 of 1998. Respondent No. 1 was the applicant before the Commissioner for Workmen's compensation. The respondent No. 1 Siddappa was working as a cleaner in a lorry bearing No. KA 25-6551 owned by respondent no. 2 Vijayananda Road Lines. On 8. 12. 1996, he was discharging his duties as a cleaner in the lorry which was proceeding from Bangalore to Hubli. When the lorry reached Palavvanahalli Gate, the respondent-claimant requested the driver to stop the vehicle in order to attend to the call of nature. After attending to the call of nature, the respondent-claimant was about to board his lorry bearing No. KA 25-6551, at that time another lorry bearing no. TN 28-3335 which was proceeding on the same road in the same direction dashed against the claimant-respondent, due to which he sustained injuries all over his body and was admitted to the Government hospital, Chitradurga. The driver of respondent no. 2 lodged an F. I. R. before the jurisdictional police stating that claimant-respondent no. 1 has been injured in an accident while discharging his duties as a cleaner.

(2.) ON account of the injuries sustained by him and disability caused to him during the course of his employment, the claimant presented a claim petition before the commissioner. The employer, respondent no. 2, in this appeal contended before the commissioner that the application of the claimant is not maintainable. According to the respondent No. 2, the claimant has to proceed against the owner and insurer of lorry bearing No. TN 28-3335. Similarly, the insurance company also contended that the application filed by the claimant is not maintainable, as the lorry of respondent no. 2 was not involved in the accident. The Commissioner after appreciating the evidence adduced by the parties, held that the claimant-respondent No. 1 sustained injuries in the accident, while discharging his duties as a cleaner and awarded compensation in accordance with the provisions of Workmen's Compensation Act, 1923, since respondent No. 2's lorry was insured with the appellant, fixed the liability on the appellant. The Commissioner after considering the nature of injuries and the percentage of disability caused to the claimant and by applying the minimum wages payable to a cleaner as on the date of the accident held that the claimant-respondent no. 1 is entitled to compensation of Rs. 1,74,916. The order of the commissioner is called in question in this appeal by the insurance company.

(3.) IN this appeal, the appellant has mainly concentrated on the question of maintainability of the application of the claimant before the Workmen's Compensation commissioner.