NATIONAL INSURANCE CO , LTD Vs. RENUKAMMA

JUDGEMENT

(1.) This miscellaneous first appeal is filed by the Insurance Company challenging the judgment and award passed in CWC/WCA/F/CR-8/2007 dated 13.04.2010 on the file of the Labour Officer and Commissioner for Workmen Compensation, Chitradurga District, Chitradurga, on the ground that the Commissioner has committed an error in granting compensation, though it is a case of Accute Myo Cardial Infarction (heart attack).

(2.) The claimants have filed a claim petition before the Commissioner for the death of A.R.Anjan Kumar @ A.R.Anjaneya who died on account of heart attack by contending that he sustained heart attack during the course of his employment. The Commissioner recording the evidence, allowed the claim petition granting compensation of Rs.3,84,280/- with interest at 12% p.a. after expiry of 30 days from the date of the incident.

(3.) The appellant-Insurance Company in the present appeal has contended that the Commissioner has acted perversely in holding that the death of Anjan Kumar was due to the employment injury suffered while working as a driver under 4th respondent. The deceased died due to natural cause i.e., Acute Myo Cardial Infarction (heart attack) as could be seen from the records produced by the claimants. Under these circumstances, the Commissioner had no jurisdiction to entertain the claim. The other contention is that the Commissioner has failed to note that the claimants have not established that the death occurred due to employment injury and the Commissioner has acted contrary to law in making the appellant liable to pay the compensation. The other contention is that the Commissioner ought to have rejected the claim against the insurer of the motor vehicle on the sole ground that the liability of insurer would be circumscribed by the provisions of Motor Vehicles Act. Only if there is an accident as contemplated under Section 140 of the MV Act, the insurer of that vehicle will become liable to pay compensation to a workman as provided under Section 143 of the MV Act. The motor policy issued by an insurer would not provide for indemnifying the employer of a workman under all circumstances. Therefore, the liability mulcted against the appellant to indemnify the insured requires to be set aside.