UNITED INDIA INSURANCE CO. LTD Vs. R. SURESH

JUDGEMENT

(1.) THIS appeal is directed against the order dated 29.01.2010 passed in WCA No.76/2009 on the file of Commissioner for Workmen's Compensation Division-2, Bellary by the insurer of the vehicle which is involved in the accident.

(2.) THE brief facts leading to the filing of the said claim petition before the Commissioner for Workmen's Compensation, Bellary are: That on 18.5.2008, when the 1st respondent herein was driving the Tata ACE vehicle bearing registration No.KA- 35/9674 and while he so proceeding from Tumkur to Sira near Ajjagondanahalli circle, he lost control over the said vehicle and dashed against the lorry bearing registration No.KA-01/D-2049 and caused the accident. In the said accident, the claimant suffered injuries as shown in the wound certificate at Ex.P-3. Further it is contended that the 1st respondent at the time of accident was working as a driver under respondent No.2, who is the owner of Tata ACC vehicle bearing registration No.KA-35/9674 on a monthly salary of Rs.4,000.00 and he was driving the said vehicle as an employee. Hence, he claimed compensation for the injuries suffered in the accident during the course of his employment with the second respondent.

(3.) TO prove his case, the 1st respondent examined himself as PW-1, and examined the medical officer, who assessed his disability as PW-2 and got marked documents at Exhibits P-1 to P-7. The appellant-insurance company got marked the copy of the policy of insurance as Ex.R-1. On appreciation of the evidence so adduced, the Commissioner for Workmen's Compensation deemed it fit to award a sum of Rs.1,52,488.00 with 12% interest from one month after the accident till realization. Aggrieved by the said award, the insurance company has challenged the above award.