ORIENTAL INSURANCE CO. LTD. Vs. MUBEEN TAJ

JUDGEMENT

(1.) INSURER is in appeal calling in question judgment and award passed by Commissioner for Workmen's Compensation, Bangalore dated 24.02.2010 in WC/FC -15/2008 whereunder claim petition filed under Section 22 of the Workmen's Compensation Act, 1923 by legal heirs of deceased Sri Abdul Rahim @ Sardar came to be allowed in part and a total compensation of Rs. 3,98,800/ - has been awarded.

(2.) I have heard arguments of Sri M. Arun Ponnappa, learned Advocate appearing for appellant and Smt. Anuradha M.G., learned Advocate appearing for respondent Nos. 1 to 5. Respondent No. 6 is served, represented and none appears. Since records have been secured, by consent, it is taken up for final disposal.

(3.) PER contra, Smt. Anuradha, learned Advocate appearing for claimants would support the judgment and award passed by the Commissioner and contends that registration certificate issued to the offending vehicle would clearly indicate that said vehicle was standing in the name of respondent No. 6 herein and respondent No. 6 had filed an application before jurisdictional Magistrate Court for release of said vehicle and as such, it cannot be held that respondent No. 6 was not the employer of deceased. She would further elaborate her submission by contending that insurer having raised a plea that Sri Shah Nawaz Pasha was the owner of said vehicle did not examine the author of Ex. R -1 namely, alleged statement made by Sri Shah Nawaz Pasha before jurisdictional Police and in the absence of said evidence, statement of Navaz Shaw recorded by police as per Ex. R -1 cannot be accepted at its face value. On these grounds, she seeks for answering the substantial question of law if formulated in favour of claimants.