NEW INDIA ASSURANCE COMPANY LIMITED Vs. SADHIKA

JUDGEMENT

(1.) In this appeal, the Insurance Company has challenged the award dtd. 17/1/2012 passed by the Commissioner for Workmen's Compensation, Chitradurga District ('the Commissioner' for short) in [xxxxxxxx].

(2.) For the sake of convenience, the rank of the parties shall be referred to as per their status before the Commissioner.

(3.) The brief facts of the case are, the first respondent/S.M.Nooruddin is the owner of the lorry bearing registration No.KA-02/AC-5018. He has employed the husband of petitioner No.1, son of petitioner Nos.2 and 3 and father of petitioner Nos.4 and 5 by name Ghouse, the deceased as driver in the said lorry. On 4/7/2008 at about 5.30 a.m., while the deceased was driving the said lorry from Namakkal to Hiriyur on NH-4 at Adakamaranahalli Gate near Jain temple cross, it was capsized killing the deceased at the spot. The legal representatives of the deceased have approached the Commissioner seeking compensation under Sec. 22 of the Workmen Compensation Act. The claim was opposed by the Insurance Company. After taking the evidence, the Commissioner by the impugned judgment awarded compensation of Rs.4,23,580.00 with interest at 12% per annum. Aggrieved by the same, questioning the liability fastened against it, the Insurance Company has filed this appeal on various grounds.