BRANCH MANAGER Vs. BHIMAPPA

JUDGEMENT

(1.) This Appeal has been preferred by the Appellant/Insurance Company by assailing the Judgment and Award dated 30.8.2016 passed by the Prl. Senior Civil Judge and the Commissioner for Employees' Compensation, Vijayapur in E.C.A. No. 713/2014.

(2.) Brief facts leading to filing of the Claim Petition are that, one Siddram S/o. Bhimappa Naduvinkeri was working as a Driver in a Lorry bearing Reg. No. KA-28-A-4705 with Respondent No. 1, who is the Owner of the Lorry. On 9.8.2014 in the course of employment when he was on the way to Shivamogga from Hospet for transporting the cement, at about 9.00 p.m. when he was near Arakeri A.K. Colony of Honnalli, the said Lorry collided with the KSRTC Bus and in the said accident he sustained severe bum injuries, due to which he died on the spot. It is further alleged that he was earning a Salary of Rs. 10,000 per month. Because of death of the bread earner, the Claimants have suffered loss and thereby, they filed the Claim Petition for Compensation before the Commissioner for Employees' Compensation.

(3.) In spite of service of Notice, Respondent No. 1 remained absent hence, he was placed ex parte. Respondent No. 2-Insurance Company appeared and filed its Written Statement by denying the contents of the Claim Petition and contended that, the liability of the Insurance Company is subject to the terms and conditions of the Insurance Policy.