SRIRAMA INSURANCE COMPANY LTD Vs. SHESHAIAH

JUDGEMENT

(1.) This appeal by the insurer challenges the judgment and order dated 25.01.2012 entered by the Commissioner for Workmen's Compensation (hereafter Commissioner), sub-division No.1, Chikkamagaluru in WCA/NF-3/2011, whereby a compensation of Rs. 4,99,152/- has been awarded to the injured workman/claimant with statutory rate of interest.

(2.) The brief facts of the case are that on 03.09.2009, when the claimant was in the discharge of his duties as a loader in the lorry bearing registration No.KA05 A 55, two bags full of potato fell down on him from the loaded lorry and consequently, he was grievously injured. The claimant had preferred the claim petition on the ground that the injury sustained by him was out of and in the course of employment and therefore, he was entitled to compensation under the provisions of Employees Compensation Act, 1923 (hereafter Act).

(3.) Despite service of notice, neither the insurer nor the lorry owner entered appearance and therefore, the Commissioner had placed them exparte. Records do not disclose any effort having been made by them for recalling the said order be that as it may.