ORIENTAL INSURANCE CO. LTD. Vs. T. SHIVAMMA

JUDGEMENT

(1.) The insurer has filed MFA No.23585/2011 challenging the liability imposed upon it by the Commissioner for Workmen's Compensation (henceforth referred to as "the Commissioner") to pay the compensation determined in W.C.No.43/2009 by the judgment and award dtd. 24/1/2011.

(2.) The claimants have also filed MFA Crob.952/2013 seeking enhancement of the compensation awarded by the Commissioner in W.C.No.43/2009.

(3.) The claim petition filed before the Commissioner discloses that the claimants are the legal heirs of Siddappa who was employed as a cleaner in a lorry bearing registration No.KA-34/A-599. They claimed that on 3/8/2008, Siddappa was on duty as a cleaner and the lorry was parked at railway goods shed for loading cement. However, since there was no stock of cement, the driver of the lorry parked it at Mruthyunjay Nagar and the driver of the lorry paid money to Siddappa to have lunch and he slept in the transport office. During the night hours, when Siddappa was crossing the railway track, he was ran over by a train. The said Siddappa died at the spot. The claimants claimed that the accident in question arose in the course and out of employment. They claimed that he was 30 years old at the time of the accident and was earning a sum of Rs.4,000.00 p.m. Hence, they filed a claim petition claiming compensation from the owner and insurer of the truck.