BRANCH MANAGER ORIENTAL INSURANCE CO LTD Vs. RAJU

JUDGEMENT

(1.) The appellant-insurance company is before this Court in this appeal under Section 30(1) of the Workmen's Compensation Act, 1923 ('the Act' for short), assailing the judgment dated 18.08.2011 in WCA/SR/No.74/2009 on the file of the Labour Officer and Commissioner for Workmen's Compensation Sub3 Division No.1, Vijayapur (hereinafter referred to as 'Commissioner' for short).

(2.) The claimant Raju filed petition before the Commissioner under Section 22 of the Act, seeking compensation for the injuries suffered by him in the road traffic accident which occurred on 06.01.2009 while driving auto bearing No.KA-28/A-2872. It is the case of the claimant that he was working as driver under respondent No.1 to the auto bearing No.KA-28/ A-2872. Due to the accident, the claimant sustained grievous injuries such as fracture of right shoulder bone and clavicle bone. At the time of accident, he was 23 years of age and it is submitted that he was getting salary of Rs.4,500/- per month and Rs.50/- per day as Bhatta. Initially, he took treatment at Government Hospital at Vijayapur and subsequently at private hospital at Vijayapur.

(3.) Respondent No.1-owner of the auto appeared before the Commissioner and filed his objections, admitting the relationship of master and servant between him and the claimant. Respondent No.2 insurance company also appeared and filed its objection denying the petition averments and prayed for rejection of the claim petition. Respondent No.3 remained absent.