DIRECTOR, KERALA STATE INSURANCE DEPARTMENT Vs. RADHA

JUDGEMENT

(1.) The appellant who challenges the impugned order granting compensation to the applicant in W.C.C.No.101/2008 before Commissioner for Workmen's Compensation, Thiruvananthapuram, is the insurer.

(2.) The application was filed by the mother of the deceased, K.Vijayan, who was a driver employed by the first opposite party, who is the second respondent in this appeal. The appeal was filed by the second opposite party, the State Insurance Department with whom the lorry bearing registration No.KL-01-K-8559 was insured. This lorry having national permit was taken by the deceased from Thiruvananthapuram to Baroda with load on 19.02.1999. The contention of the applicant before the Commissioner was that when the lorry reached Surat on 23.02.1999, the deceased felt severe stomach pain and after he was rushed to Sanjeevani Hospital, Palsana, Surat for treatment, he died the same day.

(3.) The claim for compensation was made before the Commissioner after seven years and therefore, a separate delay petition was also filed along with claim petition. The appellant and the first opposite party, employer filed objections to the delay petition as well as claim and seriously contested the proceeding.