(1.) Mfa No.3921/2016 is filed by the Insurance Company for reduction of compensation and MFA No.1872/2016 is filed by the claimant for enhancement of compensation against the judgment and order dated 23.01.2016 made in ECA No.177/2014 on the file of the II Addl. Small Causes Judge and XXVI ACMM and Employees Compensation Commissioner, Bengaluru (SCCH-09), awarding compensation of Rs. 85,850.00 with interest at 12% from the date of the accident till realization.
(2.) The claimant filed petition under Sec. 22 of the Employees Compensation Act, 1923 ('the Act' for short) claiming compensation of Rs. 5,00,000.00, contending that, on 06.08.2012 at about 5.30 am, he was driving a car bearing registration No. KA-03/ C-3614 on Basavanagar Main Road, when he reached near Helicopter Division Parking Place, at that time, a water tanker bearing registration No.KA-03 B-8523 driven by its driver at high speed, in a rash and negligent manner, dashed against his car. Due to the impact, he sustained grievous injuries. Immediately he was shifted to VIMS Hospital, where he took treatment as an inpatient and incurred Rs. 50,000.00 towards medical expenses. Since the accident took place during the course of employment, the respondents are liable to pay compensation.
(3.) Inspite of service of notice, the first respondentowner of the offending vehicle remained absent. He was placed ex-parte. The respondent No.2-insurance company entered appearance and filed written statement and admitted that the lorry was insured with it and the insurance policy was in force as on the date of the accident. The other averments i.e., the injuries sustained by the claimant during the course of employment, expenses incurred for treatment and the liability of the second respondent to pay compensation, were denied. It was contended that the injuries sustained by the claimant are noway connected with the use of car, and sought for dismissal of the claim petition.