UNITED INDIA INSURANCE CO Vs. GANGADHARAN NAIR

JUDGEMENT

(1.) THIS appeal arises from the order of the Deputy Labour Commissioner, Kozhikode, in Work mens Compensation Case No. 11 of 1978. The applicant before the Commissioner was an employee under the first respondent. While he was employed as driver in stage carriage bearing registration no. KLD 9329 on 24th November 1976, the vehicle met with an accident resulting in a fracture of both bones of his right leg. He claimed compensation of a sum of Rs. 32. 340/-on the basis of his monthly wages, which were Rs. 775/ -. The present appellant, the insurer and also the employer were respondents before the Commissioner. The only points raised by them before the Commissioner were that, (1)"whether the accident occurred due to the negligence of the applicant" and (2) "what shall be the quantum of compensation payable to him, if the first point is answered in his favour. " No point of jurisdiction was raised by either of them before the Commissioner. The Commissioner held that there was no negligence on the part of the applicant. The quantum of compensation was fixed as rs. 29,400/- as the amount of wages due to the applicant was found to be Rs. 450/- and the permanent disability and loss of earning capacity was estimated at 25%. The Commissioner found the insurer liable to pay the compensation since the employer-insured was entitled to be indemnified. It is against that order the present appeal is filed.

(2.) SHRI S. Parameswaran, counsel for the appellant, urged that the Deputy Commissioner had no jurisdiction to pass an award against the insurance company in view of section 14 of the Workmen's Compensation act. He also submitted that the finding of the Commissioner, that the accident was not due to the negligence of the applicant, the assessment of the amount of monthly wages and the quantification of compensation, were all unsustainable.

(3.) THE respondents naturally support the order and submit that the appellant may not be permitted to raise the point of jurisdiction depending upon investigation into and determination of facts, since no such point was taken before the Commissioner.