NATIONAL INSURANCE COMPANY LIMITED Vs. MUMTAZ

JUDGEMENT

(1.) HEARD the learned Counsel for the parties.

(2.) IN this appeal, the Insurance Company has questioned the order of the Commissioner in fastening the liability on it in so far as payment of compensation to the claimants who are the L. Rs of deceased Lalsaheb dangi. The facts in brief are to the effect that on 25-1-2003, at about 9. 00 A. M. , the deceased took the motor cycle belonging to the first respondent and went to see his wife at village Konnur and on the way back, the accident occurred leading to the deceased sustaining injuries all over his body and later on he succumbed to the said injuries. As per the P. M. report, the cause of death was due to coma as a result of head injuries sustained. A claim petition was filed by the respondents 1 to 4 herein. The Commissioner for workmen's Compensation, Belgaum, allowed the claim petition and granted a sum of Es. 2,29,394/- as compensation. The liability was put on the appellant/insurance company. Aggrieved by the said order, this appeal is preferred.

(3.) IT is the submission of the learned Counsel for the appellant shri O. Mahesh, that the impugned order is liable to be set-aside on three main grounds. First is that the deceased was not a Workman coming within the purview of definition of 'workman' under Section 2 (n) of the workmen's Compensation Act. On the other hand, he was a supervisor. The second ground is that the motor cycle in question was not a transport vehicle and the policy issued in respect of the vehicle was a private vehicle policy and not in respect of transport vehicle policy. The third ground is that the deceased had gone to see his wife and as such it cannot be said that the accident occurred in the course off his employment.