UNITED INDIA INSURANCE Vs. VENKATESH AND ANOTHER

JUDGEMENT

(1.) The United India Insurance Co. Ltd., Raichur being aggrieved by the judgment and order dated 18th May, 2010 made in WCA/CR/No. 14/2009 by the Labour Officer and Commissioner for Workmen's Compensation, Raichur, (hereinafter referred to as "WCC") has filed this appeal.

(2.) The 1st respondent herein filed the claim petition contending that he was working as a cleaner in a lorry bearing Regn. No. CRQ 7987 belonged to the 2nd respondent herein. On 3.11.2008, as per the instructions of the owner of the vehicle, after loading stones at Kudligi to unload at Moodlam on NH-13, the claimant was proceeding in the said lorry. In order to give way to the on coming vehicles, in a rash and negligent manner, the driver took the vehicle to the extreme left side, due to which, the vehicle turned turtled and the driver, cleaner and hamali travelling in the said vehicle got injured. Immediately after the accident, he was taken to the Government hospital, Kudligi for treatment. Thereafter, he was shifted to Gowrishankar Ortho Care, Bellary, for further treatment. He sustained fracture of proximal phalanx. Due to the injuries and fracture sustained by him, he cannot work as a hamali, which was doing prior to the accident. Prior to the accident, he was getting salary of Rs. 150/- per day. The accident occurred during the course and out of employment. Hence, he sought for compensation.

(3.) In pursuance of the notice issued by the WCC, owner of the vehicle entered appearance and filed written statement and admitted that the claimant was working as a hamali and he sustained injury in the road traffic accident that occurred on 3.11.2008. The owner of the vehicle contended that he was not aware of the nature of injuries sustained by the claimant. Since the said vehicle is covered by insurance, the Insurer has to compensate the claimant.