UNITED INDIA INSURANCE CO LTD Vs. GAVIYAPPA

JUDGEMENT

(1.) APPEAL is by the insurance company, questioning the judgment and award dated 6.2.2002 in No. KaAaThu : KaPaKa : CR-30/2001 on the file of the Commissioner for Workmen's Compensation, Tumkur (hereinafter referred to as 'the Commissioner').

(2.) THE respondent Nos. 1 and 2 and the deceased-respondent No. 3 had filed a claim petition before the Commissioner on the allegation that son of respondent Nos. 1 and 2, viz., one Krishnamurthy was the driver of lorry bearing No. KA 16-9786. He was driving the said vehicle on 18.7.1997 and when the said vehicle reached near Naganur, the said lorry met with an accident as a result of which the deceased fell down from the lorry and suffered grievous injury and despite treatment, he could not survive. THE claimants-respondent Nos. 1 and 2 claiming to be the dependants of the deceased sought for compensation for the loss of life of their son. THE Commissioner on appreciation of the evidence awarded compensation of Rs. 2,11,790 with interest at the rate of 12 per cent per annum. As against the said judgment and award, this appeal has been filed.

(3.) IT is one classic case of fraud committed by respondents, claiming to be the legal heirs of the deceased employee. From the records produced by learned counsel for appellant, it shows that the very same claimants had filed a claim petition which was numbered as KaAaThu : KaPaKa : CR-75/1997 and the date of accident, lorry number, owner of the lorry and the person who died in the said accident are the same and based on the same, an award was also passed by the Commissioner except the fixing of the liability on the insurer. When an appeal had been filed by the very same claimants before this court in M.F.A. No. 1429 of 2001, when the said appeal was pending, it appears that without disclosing the award passed and the appeal filed, the claimants filed one more claim petition before the same Commissioner. Since the filing of the earlier claim petition and filing of M.F.A. were not brought to the notice of the Commissioner, the Commissioner prima facie believing the claim petition and the evidence of the claimants, by the impugned award has now awarded compensation of Rs. 2,11,790 fixing the liability on the insurer. In both the awards, the same compensation has been awarded.