DEPUTY LABOUR COMMISSIONER Vs. GEORGE CHERIAN

JUDGEMENT

(1.) National Insurance Company, the insurer in W.C.C.45/2004 on the files of the Commissioner for Workmen Compensation, Kannur, has come up in appeal, challenging the judgment, granting Rs. 4,07,700/- as compensation to the applicants, passed by the Commissioner. The parties are referred to as in the Application.

(2.) The applicants are dependents of the deceased Sreejith Babu, who was working as driver under the opposite party No. 1. According to the applicants, on 3.1.2003, while Sreejith Babu was driving the Bus owned by the opposite party No. 1 from Konnakkad in Kasargode district to Poopara in Idukki district, the vehicle when reached at Thalapara at about 110.am, it went of the road and fell into a paddy field on the side of the road and Sreejith Babu sustained fatal injuries all over his body and at last he succumbed to the injuries. The vehicle was validly insured with the opposite party No. 2, the Insurance Company, and the deceased was earning more than Rs. 5000/- per month and he was aged 32 years at the time of accident. Therefore he is entitled to get compensation from the opposite parties for the loss suffered by them.

(3.) 1st opposite party, the employer admitted the accident and according to her, the death of Sreejith Babu was due to the accident as alleged by the applicant. It is also stated that one Premarajan was driving the vehicle at the time of accident and Sreejith Babu was sleeping in the cabin at the time of accident, as he has completed his duty and awaiting for his next turn. Opposite party No. 2, the Insurance Company, admitted the insurance coverage of the bus; but denied all other claims of the applicant.