NATIONAL INSURANCE COMPANY LIMITED Vs. MEGHA C.

JUDGEMENT

(1.) Second opposite party in ECC 153/2021 of the Industrial Tribunal and Employees' Compensation Commissioner, Kozhikode has filed this appeal. Respondents 1 to 3 were the applicants before the Commissioner. They are respectively the wife, minor son and mother of late Sri.Lyju.K., a Reserve Conductor in KSRTC who passed away in a road traffic accident on 30/10/2019 at about 5:45 am while travelling on his motorcycle to join duty at Kannur depot of KSRTC. The place of accident was between his residence and place of employment. He was bound to join duty for operating a bus owned by the KSRTC scheduled to start its first trip at 6:20 am on the fateful day.

(2.) The learned Commissioner found that the respondents 1 to 3 were entitled for compensation. An amount of Rs.23,60,401.00 was awarded as compensation with simple interest at 12%. Rs.15,000.00 was granted towards funeral expenses. The appellant was the insurer of the bus bearing registration No.KL-15-8419 in which the deceased was employed. Hence, the learned Commissioner held that the appellant was liable to indemnify the employer, KSRTC. Aggrieved by the said conclusion of the learned Commissioner, the appellant has filed this appeal. According to the appellant, various substantial questions of law are involved in this M.F.A. The appeal was admitted on the following question of law-- 'whether the Commissioner was legally correct in directing the appellant insurer to bear the liability to pay compensation though the insured vehicle was not involved in the accident'.

(3.) Respondents 1 to 3 entered appearance through their counsel and the Standing Counsel appeared for 4 th respondent KSRTC. Heard the learned counsel for the appellant and the learned counsel for the respondents 1 to 3 as also the learned Standing Counsel for the 4th respondent.