UNITED INDIA INSURANCE CO LTD Vs. ABDUL SATTAR

JUDGEMENT

(1.) These appeals, though listed for admission, are taken up for final disposal with the consent of the learned counsel for the Insurance Company as the respondents are no represented. The present appeals are by the Insurance Company challenging the common judgment dated 05.10.2012 in File Nos. on the file of the Officer and Commissioner for Workmen's Compensation, Raichur (for short, 'the Commissioner'). The Commissioner has allowed the claim petitions filed by the corresponding respondents/injured claimants, awarding compensation as follows:

(2.) The relevant facts for consideration of these present appeals would be that the respondent No.2 was the undisputed owner of Lorry bearing Registration No. AP-02/T-419 (for short, 'the subject lorry') which was insured with the appellant-Insurance Company when it was involved in an accident on 31.08.2008 at about 9.30 p.m. on State Highway No.19, near Diddikanvi village on Challekere-Bellary Road. The accident was between the subject Lorry and another Lorry bearing Registration No.AP-21/T-8181. The injured claimants presented their corresponding claim petitions contending that they were travelling in the subject Lorry as a Driver, a Cleaner and Loaders. The details of the claim petitions and the nature of employment asserted by the corresponding claimants are as follows:

(3.) The claimants examined themselves as witnesses in support of the claim petitions, and the appellant, who contested the claim petitions inter alia asserting that the claimants were not employed with the respondent No.2, examined one of its officers. The Commissioner formulated different Issues. As per the Issues framed, the claimants were required to establish that they were employed with respondent No.2 and that they suffered employment injuries in the course of their employment. The claimants were also required to establish the loss of income suffered by them. The Commissioner found that the claimants have established that they were not only in employment with respondent No.2 but also that they had suffered employment injuries in the accident. Insofar as the loss of earning capacity, the Commissioner, based on the Doctor's evidence, and the Disability Certificates issued by such Doctor (marked as Exs.P.5, 10, 12, 14, 16 and 18), concluded that the claimants have suffered earning capacity as indicated hereinafter. The Commissioner granted the corresponding compensation amounts applying the relevant factor based on the corresponding age and assessment of the loss of earning capacity. The details in this regard are as under: