NEW INDIA ASSURANCE COMPANY LTD. Vs. MINAXI

JUDGEMENT

(1.) Respondent No.2 is the Insurer in E.C.A.No.572/2014 on the file of learned III Additional Senior Civil Judge & the Commissioner for Employees' Compensation Act, Belagavi ("The Commissioner" for the sake of convenience), has preferred MFA.No.102688/2017 impugning the judgment and award dtd. 20/5/2017 holding that the petitioners are entitled for compensation of Rs.5,22,545.00 with interest at the rate of 12% per annum from the date of petition till realization and that respondent Nos.1 and 2 are jointly and severely liable to pay the compensation.

(2.) The petitioners in the aforesaid claim petition filed cross objection in MFA.CROB.No.100054/2018 seeking enhancement of compensation awarded in their favour by the Commissioner.

(3.) The undisputed facts of the case are that the petitioners as legal representatives of deceased Shankar Rama Nayak have filed the claim petition under Employees Compensation Act for the death caused during the course of and out of his employment under respondent No.1. It is stated that the deceased was working as a cleaner in the Truck bearing registration No.KA.22/B.1215 under respondent No.1 and on 5/9/2012 he was proceeding in the Truck as a cleaner from Belagavi to Mumbai. On 7/9/2012 when the Truck was parked in the terminal, deceased started complaining of stomachache. He was immediately shifted to the hospital at Vashi, where he died.