ORIENTAL INSURANCE CO LTD Vs. SHIVALINGAPPA; NOORBHASHA

JUDGEMENT

(1.) Though the matter is listed for admission, with the consent of learned counsel on both sides, it is taken up for final disposal.

(2.) This is an insurer's appeal challenging the judgment and award passed by the Labour Officer and Workmen's Compensation Commissioner, Division-II, Bellary (for brevity, 'the Commissioner'), whereby the claim of the applicant respondent seeking compensation in respect of the injuries suffered by him during the course of his employment under respondent No.2 is allowed calling upon the appellant Insurance Company to pay compensation of Rs.96,965/- with interest at 12% per annum.

(3.) Briefly stated, respondent No.1 herein had filed a claim petition before the Commissioner under Section 22 of the Workmen's Compensation Act, 1923 (for brevity, 'the Act'). It is his case that on 07.03.2006 at about 12 noon while unloading maize from the lorry bearing Reg. No.KA-14/5472, which belongs to respondent No.2 herein fell down and suffered grievous injuries. He was shifted to VIMS Hospital, Bellary, and was treated for one month as an inpatient and thereafter he was on treatment with private Doctors. Police have recorded his statement. He was aged about 27 years at the time of the accident and earning Rs.4,000/- per month and Rs.75/- per day as batta from respondent No.2. Due to the accidental injuries, he is not in a position to work any more.