NATIONAL INSURANCE COMPANY LIMITED Vs. PARASANAGOUDA AND ORS.

JUDGEMENT

(1.) THE appellant -National Insurance Company Limited has filed this appeal challenging the judgment and order dated 09.01.2007 made in W.C.A.N.F. 34/2005 passed by the Labour Officer and Commissioner for Workmen's Compensation, Haveri (hereinafter referred to as 'WCC, for short).

(2.) THE 1st respondent herein had filed a claim petition contending that on 26.06.2004, while he was working as a hamal in a lorry bearing registration No. KA -37/2526, after loading chillies from the Haveri vegetable market in the said lorry, he was proceeding towards Gangavathi market, due to rash and negligent driving of the lorry by its driver, accident had occurred. In the said accident, he sustained grievous injuries to his head, fracture to left patella and other injuries. He was admitted to the Mundaragi Government Hospital for the first -aid treatment and thereafter to the Haveri Government Hospital. He was getting salary of Rs. 4,000/ - per month and batta of Rs. 50/ - per day. Due to the injuries and the disability suffered by him, he cannot do the work as a hamal and the accident having occurred during the course and out of employment, he was entitled for compensation.

(3.) THE WCC, on the basis of the pleadings of the parties, framed necessary issues. The claimant, in order to prove his case, examined himself and the doctor, who treated him, and also got marked documents as Exs. P. 1 to P. 11. On behalf of the respondents, no witness was examined.