IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED Vs. VENKATESH

JUDGEMENT

(1.) These three appeals by the insurer call in question the common judgment and multiple Orders dated 31.10.2009 made by the Commissioner for Workmen's Compensation, Ramanagara District, Ramanagara allowing the three claim petitions in W.C.Nos.17, 18 and 20 of 2008 whereby several sums of compensation with statutory interest at the rate of 12%, have been awarded.

(2.) The brief fact matrix of the case as stated by the claimants is: the claimants were the loaders/unloaders of the owner of the goods tempo bearing Registration No.KA-27-2726; they were traveling in the said vehicle on 30.08.2006 along with the goods; because of rash and negligent driving of the driver of the said vehicle, the accident occured and all the claimants were seriously injured; they had raised the claims before the Commissioner for Workmen's Compensation under the provisions of the Workmen's Compensation Act, 1923 and the same were resisted by the insurer by filing the Objection Statements.

(3.) To prove their claim, all the claimants were examined as the witnesses; the Doctor, who had treated the injured claimants was examined as PW.5; several documents came to be marked from the side of the claimants as per Exhibits P1 to P13 which inter alia comprised of Police Papers and Medical Records. From the side of the insurer, its official, Mr.Muralidar was examined as RW1 and in his evidence, four documents came to be marked as per Exhibits R1 to R4 which amongst other included Driving License, Insurance Policy and the Charge Sheet.