NATIONAL INSURANCE COMPANY LTD Vs. P RAMACHANDRAN

JUDGEMENT

(1.) Assailing the legality and validity of the Award dated 21.4.2008 rendered by the Commissioner for Workmen's Compensation Kannur in W.C.C. No. 22/2004, the instant appeal has been preferred by the National Insurance Company Ltd/ the opposite party II (herein after referred as 'the Company') .

(2.) One Sajith met with an accident on 8.4.2003 while riding the motor cycle owned by his employer, the 4th respondent (the opposite party I before the W.C.C) during the course of his employment. He sustained severe injuries in the accident which resulted in his death. Respondents 1 to 3 herein preferred a petition for compensation as his legal heirs against the 4th respondent/owner/employer and this appellant the company. The 4th respondent has admitted the factum of accident and the factum of employment of the deceased. An amount of Rs.4, 39, 900/- was awarded as compensation with interest from the date of accident till the date of deposit against the company on the finding that the vehicle involved was having valid insurance coverage. The said order is under challenge in this appeal. It is contended by the company that the deceased was employed as a Manager with the 4th respondent and so he would not come within the purview of workmen as defined under the 'Workmen's Compensation in Kerala'

(3.) The further contention is that the deceased was in ownership and possession of the vehicle and there was no notice regarding the claim and so in short the company has no liability to pay compensation to the respondents.