BRANCH MANAGER UNITED INDIA INSURANCE CO LTD Vs. PRABHUDAS S/O HANUMANTHAPPA AND V GURUSWAMY S/O ERANNA

JUDGEMENT

(1.) The appellant - Insurance Company is aggrieved by the liability fastened on it by the Commissioner for Workmen's Compensation in a sum of Rs. 89,699/- in respect of the injuries sustained by R-l cleaner in an accident.

(2.) Heard the learned Counsel for the appellant Sri A.N. Krishna Swamy. The learned Counsel for R-2 is absent and R-l, though served, has remained absent.

(3.) The learned Counsel for the appellant submitted that the only short point that requires consideration in this case is that whether the Commissioner for Workmen's Compensation was justified in fastening the liability on the Insurance Company to pay the compensation to R-1 cleaner. The facts are not in dispute and the only aspect of the matter is that whether the policy in question, marked as Ex.R-1, did cover the case of R-1 cleaner or not. Referring to the observations made by the Commissioner for Workmen's Compensation at page 7 of the impugned order, it was submitted that though the Commissioner for Workmen's Compensation concedes that the policy did not cover a cleaner but it only covered the driver and the conductor, yet, taking into account the social welfare legislation, he has burdened the appellant-Insurance Company with the liability.