NATIONAL INSURANCE CO. LTD. Vs. KASHINATH NAIK

JUDGEMENT

(1.) By this appeal, the appellant /original opponent no.2 is challenging the judgment and order dated 13/05/2010, passed by the Commissioner Workmen's Compensation, granting a compensation of Rs.3,98,800/- with interest.

(2.) The brief facts are that now deceased Uttam Naik was a driver employed with the respondent no.3 Yogesh Sharmalkar on a Mini Truck bearing No.GA-01-V-2482. The vehicle met with an accident on 12/03/2004, in which Uttam Naik died. The first and the second respondents, who are the parents of Uttam Naik, filed an application before the Workmen's Compensation Commissioner for compensation in respect of death of Uttam Naik. It was claimed that the accident occurred out of and in the course of employment of Uttam Naik with the third respondent. The said application was initially filed only against the respondent no.3 (original opponent no.1). Subsequently, the present appellant came to be arrayed as opponent no.2 as the appellant had insured the risk arising out of the use of the said Truck and the accident had occurred during the course of the validity of the insurance policy. The learned Workmen's Compensation Commissioner, by the impugned judgment had granted compensation of Rs. 3,98,800/-, with interest at the rate of 12 % p.a. from 12/04/2004 (wrongly mentioned as 27/12/2001) till actual realisation. Feeling aggrieved, the Insurance Company is before this Court.

(3.) I have heard Shri Timble, the learned Counsel for the appellant, Shri Arjun Naik, the learned Counsel for the respondent nos.1a, 1b, 1c, 1d and 2 and Shri Mulgaonkar, the learned Counsel for the respondent no.3.