RESHMA PARVEEN @ RESHMA Vs. SHANKAR LAL TULASIYANUILABIC

JUDGEMENT

(1.) This Appeal by the Insurer in M.F.A.No.8838/2012 and the Appeal in M.F.A.No.3313/2013 by the Claimants challenge the judgment and order dated 28.03.2012 made by the Commissioner for Workmen's Compensation, Hassan, allowing the claim petition in S.R.No.3/2011 whereby, a compensation of Rs.6,45,840/- with statutory rate of interest at 12 % per annum, has been awarded. The challenge by the Insurer is on the ground of levy of liability and that by the Claimants is on the ground of inadequacy of compensation.

(2.) In an accident that happened on 10.01.2011, because of rash and negligent driving of the offending Lorry bearing Registration No.RJ-14-GA-7205, one Mr.Aslaam having been fatally injured succumbed to the injuries, later. The claim petition filed by the L.Rs of the deceased was opposed both by the Insurer and the insured by filing Written Statements.

(3.) To prove the claim, the widow of the deceased was examined as PW.1 and in her evidence, nine documents came to be marked as per Exhibits P.1 to P.9 which inter alia comprised of the Police Papers, IMV Report, Post Mortem Report and Genealogical Tree. From the side of the Insurer, it's official namely K.V.G. Kumar came to be examined as RW.1 and a copy of the Insurance Policy came to be marked as per Exhibit R.1. The Commissioner for Workmen's Compensation after looking to the pleadings of the parties and after appreciating the evidentiary material on record, has awarded the compensation, as above.