THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LTD., HUBLI Vs. MANJUNATH ALIAS MANJAYYA AND ANOTHER

JUDGEMENT

(1.) New India Assurance Company Ltd. being aggrieved by the judgment and order dated 2-12-2009 made in WCA/NF 173/2006 by the Labour Officer and Commissioner for Workmen Compensation, Haveri District, Haveri (hereinafter referred to as 'the WCC' for short) fastening the liability on the appellant to compensate the claimant has filed this appeal.

(2.) The 1st respondent herein filed a claim petition contending that he was working as a driver in a lorry bearing registration No. KA 29/3930 belonged to the 2nd respondent herein. On 22-4-2006, as per the instructions of the owner of the vehicle, after unloading tar at Mutagi village, while he was proceeding towards Hamsabhavi-Chikkeroora road, due to bad condition of the road, the driver lost control over the vehicle and dashed against the road side tree. Due to which the claimant sustained grievous injuries. Initially he took treatment in the District Government Hospital at Haveri and thereafter in the Private Hospital. In the accident, he had sustained fracture of 6th and 8th ribs, fracture of right iliac bone of right vertebra and injuries to other parts of the body. At the time of accident, he was aged about 28 years. The accident occurred during the course and out of employment. Prior to the accident, the owner of the vehicle was paying salary of Rs. 200/- per day and bata of Rs. 50/-. The police have registered a case in Crime No. 27/2006. Hence, the claimant sought for compensation of Rs. 5,00,000/- with interest.

(3.) In pursuance of the notice issued by the WCC, the owner of the vehicle filed written statement admitting that the claimant was working as a driver in the vehicle and sustained injuries in the road traffic accident that occurred on 22-4-2006. The owner of the vehicle was paying a sum of Rs. 200/- per day. Since the vehicle was covered by insurance, the insurer has to compensate the claimant.