MAZAR PASHA, S/O. ABDUL WAHAB Vs. SMT. FARUANA BEGUM, W/O. MOHAMMED YOUSUF

JUDGEMENT

(1.) APPELLANT filed claim petition under S.22 of Workmen's Compensation Act, 1923 (for short 'the Act') against the respondents before the Commissioner for Workmen's Compensation ('CWC' for short), Bangalore, contending that, he was the driver of an autorickshaw bearing registration No.KA -02 -A -8120, which belonged to 1st respondent and on 22.09.2004, an accident occurred, he sustained injury, which arose out of and during the course of employment. Contending that there is permanent disability and loss of earning capacity, compensation of Rs. 6.00,000/ - with interest was claimed from the respondents.

(2.) THE 1st respondent fifed statement of objections denying the employment of the appellant as a driver to drive the said autorickshaw and the payment of wages. The occurrence of the accident was also denied. The 2nd respondent -insurance company fried its statement of objections and opposed the claim petition.

(3.) SRI Suresh M. Latur, learned advocate appearing for the appellant, contended that, the CWC erred in exonerating the insurance company from the liability to pay compensation. Though enhancement of compensation has also been claimed in the appeal memorandum, was not pressed by the learned counsel. The argument was confined to liability or otherwise of the insurance company to pay the assessed compensation. Learned counsel placed reliance on the following decisions: 1. The New Indian Insurance Company Vs. Darshana Devi and Others, JT (2008) 2 SC 430 2. Oriental Insurance Co. Ltd., vs. Brij Mohan and Others - 2007(3) TAG 20 (SC) 3. National Insurance Co. Ltd. Vs. Swaran Singh and Others, AIR 2004 SC 1531 4. National Insurance Co. Ltd., vs. Tulna Devi and Others - 2009 ACJ 581 (SC)