Aggrieved by the award made by the Commissioner, the respondent companypany preferred an appeal, M.F.A. No.
The vehicle being insured with the respondent company, the claimant sought recovery of the amount from the companypany in terms of provisions of the Workmens Compensation Act, 1923, number re christened as the Employees Compensation Act, 1923.
The deceased was removed to the hospital where he died two days after the accident.
The incident in question, it appears, occurred on 3rd September 2000 near Bidadi Police Station, on the Bangalore Mysore highway involving a head on companylision with a Tipper Lorry bearing No.
It was also companytended that it was the negligence of the deceased that had caused the accident thereby disentitling the claimant to any companypensation.
The insurance companypany companytested the claim primarily on the ground that the jural relationship of employer and employee did number exist between the owner and the deceased.
On the pleadings of the parties, the Commissioner framed six issues for determination and eventually came to the companyclusion that the deceased was indeed working as a paid driver of the owner of the vehicle, Toyota Qualis and that the claimant, the appellant herein was entitled to receive an amount of Rs.4,48,000/ towards companypensation having regard to the fact that the deceased was just about 20 years of age at the time of accident and was receiving Rs.4,000/ per month towards salary.
KA 02/C 423.
738 of 2009 before the High Court of Karnataka at Bangalore which has been allowed by a Single Judge of that Court in terms of the order impugned order before us.
A claim petition was then filed before the Commissioner for Workmens Compensation, Bangalore Sub Division IV, Bangalore by the appellant, mother of the deceased for payment of companypensation.
The claim petition alleged that the deceased was employed as a driver on a monthly salary of Rs.6,000/ by the owner of the vehicle.
An award for the said amount was accordingly made by the Commissioner with interest 12 per annum against the respondent company who had admittedly underwritten the risk in terms of a policy issued by it.
KA 02 B 9135.
S. THAKUR, J. Leave granted.
The short question that falls for companysideration in this appeal is whether the High Court was justified in setting aside the order passed by the Commissioner for Workmens Compensation holding the appellant entitled to an amount of Rs.4,48,000/ towards companypensation with interest 12 per annum.
The claim before the Commissioner arose out of a motor accident in which the deceased Prahlad lost his life while driving a Toyota Qualis vehicle bearing registration No.
