ORIENTAL INSURANCE CO.LTD. Vs. RADHAKRISHNAN

JUDGEMENT

(1.) The 2nd Opposite Party in W.C.C.No.68 of 2009 of the court of the Commissioner for Workmen's Compensation (Deputy Labour Commissioner), Thrissur, has filed this appeal under Sec. 30 of the Workmen's Compensation Act, 1923 challenging the order dtd. 4/5/2010 of the said authority awarding a compensation of Rs.1,13,736.00 with interest and costs to the applicant (claimant) therein.

(2.) The 1st respondent in this appeal (applicant in WCC No.68 of 2009), who was a Conductor in the bus which belonged to the 2nd respondent, suffered chest pain at 4.30 p.m on 9/10/2000 during the course of his employment. He took a Scooter and proceeded to consult a Doctor at Medical College Hospital. During the course of the above journey, he met with an accident and suffered multiple injuries. He claimed compensation before the Court of the Commissioner for Workmen's Compensation in respect of the above injuries sustained in the said accident. The learned Commissioner for Workmen's Compensation, after evaluation of the evidence adduced by the claimant through the oral testimonies of AW1 and AW2 and the documents marked as Exts.A1 to A5, and the oral testimony of MW1 and the documents marked as Exts.M1 and M2 and the medical report marked as Ext.X1, held that the claimant was entitled for an amount of Rs.1,13,736.00 as compensation. The above amount was ordered to be paid with interest @ 12% per annum. It is aggrieved by the above order of the Commissioner for Workmen's Compensation that the present appeal has been preferred by the Insurance Company which was the 2nd opposite party in the aforesaid W.C.C.

(3.) The 2nd respondent in this appeal who was the earlier owner of the bus where the 1st respondent had been working, died during the pendency of this appeal. The additional respondents 4 and 5 were impleaded as the legal representatives of the deceased 2nd respondent. The respondents were represented through their respective counsel.