ORIENTAL INSURANCE CO LTD Vs. KUTTAN NAIR

JUDGEMENT

(1.) In this appeal filed by the Oriental Insurance Co. Ltd., the appellant challenges the jurisdiction of the Commissioner for Workmen's Compensation to pass an order allowing recovery from the appellant, the compensation awarded to the workman, the first respondent.

(2.) The first respondent herein, applicant before the Commissioner, was working as a Mahout of the elephant by name "Dhananjaya" owned by the second respondent herein. On 28.3.1998, while the applicant was engaged in his work as a Mahout at a festival of Maniyoor Temple, he fell down while he was getting down from the top of the elephant as he was kicked by the elephant. The applicant sustained injuries. He was treated as an in patient in the Medical College Hospital, Kozhikode from 28.3.1998 to 25.4.1998. He had to undergo a surgery, as he sustained fracture of his right femur. The Assistant Professor of Surgeon, Medical College Hospital, Kozhikode certified that the applicant sustained disablement and it was assessed at 30%. A sum of Rs. 2 lakh was claimed by the applicant as compensation. The employer, who Is the owner of the elephant, as well as the Insurance Company were made opposite parties before the Commissioner. The Commissioner found, on evidence, that the applicant is entitled to compensation of Rs. 45,494.40.

(3.) The Insurance Company was arraigned as one of the opposite parties on the ground that Ext. R2 Insurance policy available to cover the accident. The Insurance Company contended In the written statement that since no policy was Issued indemnifying the employer under the Workmen's Compensation Act, the Insurance Company is not liable to pay compensation. The Commissioner found that Ext. R2 policy covers the claim for compensation by the Mahout under the Workmen's Compensation Act and, therefore, held that the Insurance Company is liable to pay the amount of compensation.