NATIONAL INSURANCE CO. Vs. GOVINDRAJ

JUDGEMENT

(1.) Heard learned counsel for the appellant and the 1st respondent. Notice on the owners of the Excavator has not been served. Be that as it may, I do not wish to delay the disposal of the present appeal at the same time.

(2.) The appellant insurance company is aggrieved by the impugned order dated 13.12.2004 passed by the Deputy Commissioner of labour in W.C.No.118 of 2003. By the impugned order, the Deputy Commissioner of labour has awarded a sum of Rs.3,95,081/-.

(3.) The 1st respondent had claim compensation for injuries suffered by him on 13.03.2002 while operating Tata Hitachi Hydraulic excavator belonging to the 2nd and 3rd respondents. It was a case of the 1st respondent that the above insured Excavator (Poclian) capsized resulting in injury to the 1st respondent and he was therefore entitled to get compensation from the employer namely the 2nd and 3rd respondents owners of the aforesaid Excavator. The 1st respondent had claimed sum of Rs.5 lakhs as compensation and since the appellant was the insurer of the aforesaid Excavator, the appellant has been made liable to pay the aforesaid amount.