ORIENTAL INSURANCE COMPANY LTD Vs. JAYA KUMAR

JUDGEMENT

(1.) This appeal challenging the order dated 21.12.2010 passed by the Commissioner for Workmen's Compensation and Deputy Labour Commissioner, Kollam is filed by the second opposite party in W.C.C.No.43/2002. The learned Commissioner passed the impugned award in favour of the respondent for an amount of Rs.94,379/- with interest. The appellant/insurance company, being aggrieved by the order, advances two contentions in this appeal.

(2.) The case of the respondent herein is that on 8.9.2000 at 9.30 pm, he was riding an autorickshaw bearing registration No.KL-2/H-8541 through Kottarakkara Puthoor road and when the vehicle reached a place called Avanoor, a dog suddenly crossed the road and as a result of the appellant applying sudden brake, the vehicle overturned and he sustained injuries. The respondent claimed that he was on the date of accident 25 years and according to him, he was drawing a daily wages of Rs.100/-.

(3.) The sole contesting party was the appellant, who admitted the insurance policy in respect of the vehicle. The material contention advanced before the learned Commissioner was that compensation claimed was exorbitant.