NATIONAL INSURANCE CO. LTD. Vs. MUMTAZ AND OTHERS

JUDGEMENT

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

(2.) IN this appeal, insurance company has questioned the order of the Commissioner in fastening the liability on it insofar as payment of compensation to the claimants who are the legal representatives of the deceased Lalsaheb Dangi. The facts in brief are to the effect that on 25.1.2003, at about 9 a.m., the deceased took the motor cycle belonging to respondent No. 5 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 post -mortem report, the cause of death was due to coma as a result of head injuries sustained. A claim petition was filed by the respondent Nos. 1 to 4 herein. The Commissioner for Workmen's Compensation, Belgaum, had allowed the claim petition and granted a sum of Rs. 2,29,394 as compensation. The liability was put on the appellant insurance company. Aggrieved by the said order, this appeal is preferred.

(3.) ON the other hand, learned Counsel for owner, respondent No. 5, submitted that the order of the Commissioner is just and proper and the deceased was a workman under respondent No. 5 and he was going to carry out the instructions given to him by his employer and, therefore, the accident was in the course of his employment.