K P HANUMANTHA GOWDA Vs. DEVARAJU

JUDGEMENT

(1.) These appeals have been preferred by the Employer as also the Insurance Company with respect to an award passed under the Workmen's Compensation Act, 1923. The 1st appellant is the alleged employer and the 2nd appellant is the Insurance Company. M.F.A. No. 1591 of 1993 arises out of W.C.A./NF-2/92 and M.F.A. No. 1592 of 1993 is against the award in W.C.A./NF-/92. The claimant in M.F.A. No. 1591 of 1993 is the driver of the lorry CTX 9525 and the claimant in M.F.A. No. 1592 of 1993 is its cleaner. It is claimed by them that the lorry belonged to the 1st appellant and the claimants were employed as a driver and cleaner. In an accident that took place at about 6 a.m. on 6-12-1991 while the lorry was returning from Madras the claimants sustained certain grievous injuries. They were treated at the Sanjay Gandhi Accident Rehabilitation Centre, Jayanagar, Bangalore. After treatment they were discharged. They claimed to have sustained "total disablement" and claimed compensation accordingly under the Act. The claimant in M.F.A. No. 1591 of 1993 claimed his monthly wage to be at Rs. 1,500/-. While the claimant in M.F.A. No. 1592 of 1993 claimed Rs. 1,000/- as his wage per month. The compensation was claimed accordingly.

(2.) The owner of the vehicle did not contest, nor file any statement. He did not dispute the status of the applicant, the quantum of wages or the disabilities pleaded. The owner 1st respondent remained ex parte. The 2nd respondent Insurance Company contested and disputed the claim of the claimants. It participated in the enquiry.

(3.) The claimants were examined and they deposed in terms of their pleadings. They also stated on oath the monthly wages paid to them. They produced documents to prove the injuries sustained by them and they examined the doctor who treated them to support the contentions that they have suffered total disablement.