DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO LTD , MARUTHIGALLI, BELGAUM Vs. MAHADEV MAHALINGAPPA JOTAWAR AND ANOTHER

JUDGEMENT

(1.) United India Insurance Company has filed this appeal challenging the judgment and order dated 25-6-2009 made in W.C.A. NF 394/2007 passed by the Labour Officer and Commissioner for Workmen's Compensation, Bagalkot (hereinafter referred to as "WCC" for brevity).

(2.) Respondent No. 1 herein filed a claim petition contending that he was working as a driver in the autorickshaw bearing Reg. No. KA-29/6141 belonging to 2nd respondent herein. On 14-6-2007, while he was proceeding towards Hipparagi from Banahatti, driver lost control over the vehicle and dashed against the bridge, due to the impact, the claimant sustained injuries to his right leg and right hand. Initially he had taken treatment in the C. V. Shettar Hospital. Thereafter he took treatment in other hospital. In view of the fracture he has undergone, he became permanently disabled to do the work of driver. At the time of accident, the owner of vehicle was paying him salary of Rs. 3,000/- p.m. and batta of Rs. 50 per day. The accident occurred during the course and out of employment. The vehicle is covered by the insurance policy as on the date of the accident. Hence, sought for compensation of Rs. 5 lakhs.

(3.) In pursuance of the notice issued by WCC, the owner of the vehicle entered appearance and filed written statement admitting that the claimant was working as driver in the said auto, he sustained injuries in the accident occurred on 14-6-2007 and he was paying salary of Rs. 2,500/- per month and batta of Rs. 50/- per day. The vehicle is covered by insurance policy. Hence, the insurer is liable to compensate the claimant and sought for dismissal of the petition as against the owner.