MANAGER UNITED INDIA INSURANCE COMPANY LIMITED Vs. MAHESH

JUDGEMENT

(1.) THIS appeal is filed by the insurer against the judgment and award passed by the Commissioner for Workmen's compensation, Davangere challenging the liability fastened on the appellant to pay compensation to respondent No. 1.

(2.) THE brief facts of the case are that the respondent-1-claimant was the victim of road accident that occurred on 21. 2. 2002. According to the claimant, he was working as a loader in the lorry. On 21. 2. 2002 on account of rash and negligent driving by the driver of the lorry, the said lorry dashed against a mini bus which was in a stationed position. Consequently, the claimant sustained injuries to his legs, hips, ankle and foot. He had taken treatment both as inpatient and out-patient. The Commissioner, after considering the evidence on record, awarded compensation of rs. 1,28,280/- to the claimant-Respondent-1 and fastened the liability on the insurer-appellant herein to pay the same. Being aggrieved, the insurer has filed this appeal challenging the liability fastened on it, mainly on the ground that it had issued policy in favour of respondent-3; that the claimant is said to have employed under respondent-2 and therefore the appellant is not liable to indemnify respondent-2 in whose favour it has not issued any insurance policy.

(3.) THE learned Counsel for appellant contended that since the policy has not been transferred in the name of second respondent, even though the policy was in force, the question of liability to pay award amount does not arise. At the most, the Court can direct the appellant to pay and recover the said amount. In support of the said contention, learned Counsel for the appellant relied on the decision in the case of Rikhi Ram and Another vs. Sukhrania and Others, 2003 ACJ 534 wherein the Full Bench of the apex Court has held thus: