ORIENTAL INSURANCE CO LTD Vs. ABDUL SALIM

JUDGEMENT

(1.) Whether the felonious or flagitious act of foes leading to disablement of a workman can be construed as an 'accident' justiciable for the purpose of compensation under Section 22 of the Workmen's Compensation Act, 1923 and to hold the Insurance Company liable are the moot questions to be considered in this appeal.

(2.) Appellant was the opposite party No. 2 and the respondent herein were respectively the applicant and the opposite party No. 1 in W.C.C. No. 117 of 2003 on the file of the Commissioner for Workmen's Compensation (Deputy Labour Commissioner), Thrissur. It was filed under Section 22 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') for compensation for the personal injuries sustained by the applicant allegedly during the course of his employment under the opposite party No. 1-respondent No. 2. The Commissioner, holding that accident falls within the purview of the Act, directed the appellant herein to deposit an amount of Rs. 1,19,342 together with interest at the rate of 12 per cent per annum from 1.4.2002 till the date of deposit. Aggrieved by the said award dated 24.2.2006, this appeal is filed.

(3.) Before the Commissioner, the respondent No. 2 herein remained ex parte. The appellant appeared and filed a written statement. The applicant and one Dr. T.G. Gopinathan who issued Exh. A7 disability certificate in respect of the respondent No. 1 were examined respectively as AWs 1 and 2. Exhs. Al to A10 were marked on the side of the respondent No. 1. Copy of the policy was marked as Exh. M1. Based on the rival pleadings, the following issues were formulated for consideration: