B LAKSHMANA Vs. DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LIMITED
LAWS(SC)-2013-7-182
SUPREME COURT OF INDIA
Decided on July 01,2013

B.Lakshmana Appellant
VERSUS
Divisional Manager, New India Assurance Company Limited Respondents

JUDGEMENT

- (1.) Appellants are claimants before the Workmen's Compensation Commissioner, Sub Division-I, Bellary, Karnataka State. They were working as driver, cleaner and loaders in a lorry bearing registration No. MH-12/AQ-4458. On 13.08.2008, the lorry met with an accident when it fell down in a ditch and all the Appellants suffered various injuries. They filed separate petitions before the Workmen's Compensation Commissioner under Section 10 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act').
(2.) Second Respondent herein admitted that the vehicle belonged to him and he also admitted the accident. The first Respondent herein-the insurer, admitted that the vehicle was duly insured. The owner did not contest the petition. However, the insurer, on permission, contested the petition. The claimants gave evidence as Pws. 1 to 6 and the qualified medical practitioner-an orthopedic surgeon, who issued the disability certificate, was examined as PW7.
(3.) Exhibits P1 to P17 were marked. Exhibit P1 is the First Information Report on the accident. Exhibit P2 is the Charge-sheet and Exhibit P3 is the Registration Certificate. Exhibits P5 to P16 are the Wound Certificates and the Disability Certificates, respectively of the Appellants and P17 is the Insurance Policy. The Wound Certificates and Disability Certificates were duly proved by PW7.;


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