ORIENTAL INSURANCE COMPANY LIMITED Vs. MURTHAIAH

JUDGEMENT

(1.) This appeal by the insurer challenges the judgment and order dated 21.09.2010 made by the Commissioner for Workmen's Compensation, Udupi, allowing WCA/CR- 57/FC/2007 whereby a compensation of Rs. 4,52,760/- has been awarded with a statutory interest of 12% per annum from one month after the accident.

(2.) The brief facts of the case stated are:

(3.) The learned counsel for the insurer submits that no liability could have been fastened on the insurer inasmuch as the death in question did not occur due to an accident arising out of and in the course of employment as required under the provisions of the Workmen's Compensation Act, 1923 as it then was. He further submits that even if it is assumed to be an accident, the insurer cannot be held liable unless the said accident did not happen when the vehicle in question was put to use. On the basis of these submissions he presses into service the substantial questions of law at (a) to (c) above. In support of his submission, he banks upon the judgment of the Apex Court in the case of Mallikarjuna G Hiremath v. Branch Manager, Oriental Insurance Co., Ltd., and another, (2009) ACJ 721.