NATIONAL INSURANCE CO LTD Vs. GAISUDDIN KHAN

JUDGEMENT

(1.) THE circumstances under which this appeal has been preferred by the insurance company shocks the conscience of this court.

(2.) LEARNED counsel for the appellant, mr. A. M. Venkalesh, submitted at the outset that the insurance company is questioning the award of the Commissioner dated 29-12-2001 by which award compensation of rs. 2,44,620 has been granted to the respondent No. l herein and the submission of the learned counsel is that the very same claimant was granted an order earlier on 14-2-2000 wherein the Commissioner had awarded a sum of Rs. 2,41,992 as compensation. Thus, there is a clear case of fraud played by respondent No. l on the insurance company and unfortunately the Commissioner for Workmen's compensation also did not take note of the fact that the respondent had earlier taken the benefit of the award passed on 14-2-2000. Therefore, by referring to both awards which have been annexed to this appeal, learned counsel submitted that the impugned award dated 29-12-2001 is therefore liable to be set aside on the above ground alone.

(3.) LEARNED counsel for the respondent-claimant does not dispute the two awards having been passed in favour of the very same respondent No. 1. It is very unfortunate that respondent No. l - claimant after having received the award in his favour and also having received compensation as per the submission made by the appellant's counsel, has once again moved the Commissioner for workmen's Compensation and succeeds in getting an award in his favour.