UNITED INDIA INSURANCE LIMITED Vs. BINDHU VENUGOPAL

JUDGEMENT

(1.) United India Insurance Company Limited, the 2nd respondent in WCC.No.6/2012 on the files of the Commissioner for Employees' Compensation has filed this appeal challenging the legality and correctness of the findings of the Commissioner for Employees' Compensation. According to the applicants, the accident which culminated in the death of the deceased was arising out of and in the course of employment and thereby the first opposite party is liable to pay compensation to them. The applicants, who are the legal heirs of the deceased employee, filed the aforesaid application under section 22 of the Employees' Compensation Act, 1923 claiming compensation of Rs.5,84,800/- for the loss suffered by them owing to the death of the deceased employee. The parties are referred to as in the Workmen's Compensation Case.

(2.) According to them, the deceased employee by name Venugopalan Nair was employed under the first opposite party as a driver in his Jeep bearing Regn. No.KL-5/B-3182. On 7/3/2010 at 9.30 PM while he was driving the Jeep from Thekkethkavala after a trip to his residence through the Chamampathal road and when it reached at Chirakkal Valavu, he lost control upon the vehicle and met with an accident. He sustained serious injuries and eventually he succumbed to the injuries. He was aged 52 years and was drawing a monthly wages of Rs.8,000/- at the relevant time.

(3.) First opposite party who employed the deceased has filed a written statement admitting the accident and the employer-employee relationship. It was also admitted that the accident was arising out of and in the course of employment. The second opposite party filed a written statement denying the employer-employee relationship between the first opposite party and the deceased. All the parties adduced evidence to prove their respective pleadings and after considering the evidence on record the Commissioner found that the accident was arising out of and in the course of employment and thereby the first opposite party is liable to pay compensation to the applicants. Since the first opposite party was insured with the second opposite party, he is liable to indemnify the first opposite party. With the above view the second opposite party was directed to deposit an amount of Rs.4,38,660/- with simple interest @ 12% with effect from 7/3/2010 within 30 days from the date of order, failing which the amount would be realised with 30% of such amount towards penalty.