ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD. BY IT'S MANAGER Vs. SRI. MURTHY ALIAS NARASHIMHA MURTHY AND P.C. VENKATAREDDI

JUDGEMENT

(1.) 2nd respondent - Insurance Company in KPK/G-No. 15/2008 on the file of Commissioner for Workmen's Compensation, Chikkaballapur, has come up in this appeal impugning the Judgment and Order dated 09.09.2009 passed therein. The grounds of appeal is restricted to rejection of Joint Memo filed by the parties on 26.02.2009 and thereafter proceed with the Claim Petition and awarding compensation in excess of entitlement of claimant. Admittedly the Claim Petition was filed by the first respondent herein claiming that he has suffered fracture of clavicle and ribs in an employment accident said to have taken place on 31.01.2005 involving lorry bearing No. KA-07/4242 belonging to second respondent herein and insured with the appellant. The accident is not in dispute, so also the injuries suffered by claimant in the said accident.

(2.) In the proceedings before the Commissioner it is seen that a Joint Memo is filed on 26.02.2009 wherein the parties, i.e., claimant Murthy @ Narasimha Murthy and 2nd respondent, Royal Sundaram Alliance Insurance Company Limited entered into a settlement, wherein claimant Narasimha Murthy agreed to receive a sum of Rs. 78,000/-without interest in full and final settlement against the respondents, owner and insurer of offending lorry. It is seen that the said memo was filed into the Court of Commissioner for Workmen's Compensation, Chikkaballapur on 26.02.2009 itself as could be seen from the records which is made available to this Court. Subsequently the matter got adjourned to 12.03.2009, 25.03.2009, 20.05.2009, 27.05.2009, on which day parties were called upon to file their objections, if any to the Joint Memo and adjourned to 10.06.2009 and again adjourned to 17.06.2009. On that day, the Commissioner by herself decided that the settlement arrived at between the parties is erroneous compared to the evidence of the doctor in the said proceedings to the effect that the claimant has suffered limb disability at 35%, therefore compensation amount agreed between the parties at Rs. 78,000/- is on lower side and accordingly rejected the said memo and proceeded to allow the claim petition awarding compensation in a sum of Rs. 3,16,462/- payable with interest at 12% p.a., from the thirtieth day of accident till deposit. Being aggrieved by the same, the present appeal is filed.

(3.) On going through the same, the only substantial question of law that arise for consideration is as under: