DIVISIONAL MANAGER Vs. BASAYYA

JUDGEMENT

(1.) This appeal is filed by the Insurance Company challenging the Judgment and Order passed by the Commissioner for Workmen's Compensation, Sub- Division-I, Hubli, ['Commissioner', for short] in WC No.23/2010 dated 28.2.2012 awarding compensation of Rs.4,39,900/- with interest thereon.

(2.) Briefly stated the facts are:

(3.) The learned Counsel appearing for the appellant would contend that the Commissioner has utterly failed to take note of the admission made by the appellant in the cross examination that the deceased breathed his last was not due to the involvement of the alleged bus but due to the involvement of some other vehicle while the deceased was crossing the road to get pan supari. Thus, the learned Counsel submits that there was no proximity between the accidental injuries resulting in the death of the deceased and the said accident arising out of and in the course of employment. It was further contended that the insurance company is not liable to pay for the death of the cleaner as the insurance policy do not cover the risk of the cleaner. The learned Counsel placing reliance on section 147[1] of the Motor Vehicles Act, 1988 ['MV Act', for short] submits that the policy shall cover the liability in respect of the death, arising out of and in the course of his employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment other than a liability arising under the Workmen's Compensation Act, 1923 ['WC Act', for short] in respect of the death of, or bodily injury to, any such employee--