NATIOANL INSURANCE CO LTD Vs. MANISHA CHAGAN KARNADE

JUDGEMENT

(1.) This first appeal has been filed against the order of the Commissioner for Workmen's Compensation under which the claimants i.e. respondent Nos. 1 to 5 have been awarded compensation of Rs. 2,11,790/- along with the simple interest at the rate of 9% per annum from 16-5-2001 till actual payment. A penalty of Rs. 25,000/- and costs of Rs. 1000/- have also been awarded.

(2.) The deceased was the husband of the 1st respondent, the father of respondent Nos. 2 and 3 and the son of the 4th and 5th respondent. He was driving a jeep on 15-5-2001 when he met with an accident. As a result of this accident and the injuries sustained by him, the deceased expired. His relatives i.e. respondent Nos. 1 to 5 filed an application under the Workmen's Compensation Act claiming compensation from both the appellant as well as the respondent No. 6, his employer.

(3.) It was the contention of the claimant that the deceased was an employee of the respondent No. 6 and he was driving employer's vehicle when he met with an accident. It was pleaded that the accident had arisen out of and in the course of employment and, that therefore, the claimants were entitled to compensation under the Workmen's Compensation Act.