NATIONAL INSURANCE COMPANY LIMITED Vs. MANOJ

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed against the order dated 13.05.2005 passed by the Commissioner for Workmen's Compensation in W.C.No.36 of 2004.

(2.) Brief facts of the case are that the applicant filed a claim petition before the Commissioner stating that he is an auto rickshaw driver employed with respondent No.1 on auto bearing No.AP 13V 2713; that on 16.11.2003, while he was driving the auto rickshaw from Kushaiguda to ECIL Bus Stand, a DCM Van came from behind and hit his auto rickshaw due to which he sustained compound comminuted fracture of both bones left leg and a head injury. The Kushaiguda Police registered a case in Crime No.422 of 2003 against the driver of the unknown DCM Van. The applicant claimed that he was paid Rs.4,000/- per month as wages besides batta by the 1st respondent. The applicant claimed that the auto rickshaw of the 1st respondent was covered by the insurance policy of the 2nd respondentinsurance company and the insurance policy was valid from 26.09.2003 to 25.09.2004 and therefore both the respondents are jointly and severally liable to pay the compensation of Rs.5,00,000/-.

(3.) On behalf of the applicant, AWs.1 and 2 were examined and the documents Exs.A1 to A10 were marked. On behalf of the 2nd respondent, RWs.1 and 2 were examined, and the documents Exs.D1 to D4 were marked.