THE BRANCH MANAGER THE BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. AND OTHER Vs. SRI. FAROOQ PASHA AND OTHERS

JUDGEMENT

(1.) This appeal by the insurer challenges the judgment and order dated 08.02.2013 made by the Commissioner for Workmen's Compensation, Bengaluru, (hereafter 'Commissioner'), allowing the claim petition in WCA/FC/CR.22/2011 whereby a compensation of Rs. 4,50,440/- with interest at the rate of 12% p.a. has been awarded subject to usual condition of bank deposit.

(2.) It is the case of the claimants that their son, namely, Sadiq Pasha was a driver cum cleaner of Lorry bearing Registration No. KA 05-AA-212 that was insured with the appellant herein; on 27.03.2009, the said lorry whilst carrying the load of areca nut from Shivamogga to Nagpur met with an accident near Kurdi Cross, because of rash and negligent driving of the regular driver. Consequently, Sadiq Pasha sustained fatal injuries and succumbed to the same within a short while.

(3.) In the appeal memo, at paragraph No.8, the appellant-insurer has framed the three substantial questions of law as under: