KASHA KISTAPPA Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned single Judge in C.M.A. No. 1917 of 1991 dated 29.6.2000, which arises out of the order of the Commissioner for Workmen's Compensation, Ranga Reddy District Zone in W.C. No. 109 of 1989.

(2.) The appellant is the claimant in W.C. No. 109 of 1989, which was filed under sections 3 and 4 of the Workmen's Compensation Act, 1923 seeking a compensation of Rs. 98,000 on the ground that he suffered permanent disability during the course of the employment. By order dated 3.4.1991 the Commissioner for Workmen's Compensation granted compensation of Rs. 35,471 together with interest at 6 per cent per annum. Aggrieved by the said order, C.M.A. No. 1917 of 1991 was filed by New India Assurance Co. Ltd., respondent No. 1 herein with whom the accident vehicle was insured and who was held to be liable for payment of the compensation awarded in W.C. No. 109 of 1989, learned single Judge allowed the appeal holding that W.C. No. 109 of 1989 is not maintainable against the appellant insurance company. Hence the Letters Patent Appeal by the claimant.

(3.) We have heard the learned counsel for the appellant-claimant as well as the respondent No. 1 insurance company.