At the time of accident, the age of the deceased was determined as 25 years with a monthly earning capacity of Rs.2,000/ p.m. and thereby the Commissioner fixed companypensation at Rs.2,16,910/ .
1National Insurance Company discharging it from the liability of payment of companypensation to the claimants Appellants.
Aggrieved by the said order of the learned Commissioner, the Insurance Company Respondent No.
3 and the same was insured with the Respondent No.
3 and Laxmana Bhovi, Respondent No.
The National Insurance Company Respondent No.
for the delayed period.
2 Jeeva Rathna Setty.
The High Court, by the impugned order, affirmed the findings of the Commissioner that i the deceased workman was actually employed with Jeeva Rathna Shetty, and therefore, there is a relation of employee employer between them ii the deceased workman having died as a result of an accident arising out of and in the companyrse of employment, hence the claimants as legal representatives of the deceased are entitled to recover companypensation, iii there was a valid insurance policy in force on the date of accident iv and the original owner of the tractor was Gangadhara.
On 4th September, 1997, the legal representatives of the deceased, filed an application before the Commissioner for Workmans Compensation, Chickmagalur hereinafter referred to as the Commissioner claiming companypensation under the Workmens Compensation Act.
After hearing parties and perusing the documents brought on record, the Commissioner came to the companyclusion that the deceased was employed with Jeeva Rathna Setty, hence there is an employee employer relationship between the deceased and the Respondent No.
3842 of 2003 before the High Court of Karnataka urging that numberliability companyld have been fastened by the Commissioner on the Insurance Company.
The Commissioner while issuing numberices to the respondents called for filing of objections, if any.
The tractor involved in the accident had the registration number KA 18/717 718 and the tractor was originally registered in the name of one Gangadhara Respondent No.
1 deposed before the Commissioner that as per its records on the date of accident, the vehicle was numberdoubt under the insurance policy but in the name of Gangadhara, number in the name of Jeeva Ratna Setty, hence there is numberrelation of employee employer between the deceased and Gangadhara and therefore, it has numberburden of liability to pay companypensation to the claimants.
The respondents filed objections denying their liability to pay companypensation.
Appellants herein are the claimantslegal representatives of the deceased Honniah Dodda Thimmaiah.
As the Insurance Company did number deposit the amount, the Commissioner awarded an interest 12 p.a.
Therefore, the National Insurance Company shall be liable to pay the companypensation and interest thereupon to the claimants.
4 from the case.
from 3rd April 1997 till the date on which he passed the order, i.e. 14th February, 2003, which amounted to Rs.1,50,265/ and ordered that the appellants are entitled to receive a total companypensation of Rs.3,67,275/ from the employer Jeeva Ratna Setty and the Insurance Company.
However, the High Court excluded the liability of the Insurance Company on the ground that the companytention of deemed transfer of the insurance policy in favour of Jeeva Rathna Setty by virtue of Section 157 of M.V. Act was number actually urged before the Commissioner.
1 and the deceased had died during the companyrse of his employment.
The Commissioner, however, discharged Gangadhara Respondent No.
Against the Judgment of the High Court relieving the Insurance Company from the liability of payment of companypensation, the claimants are before this Court in this appeal.
1 while the deceased was employed as a driver with the Respondent No.
Accordingly, the Commissioner fixed the liability of paying companypensation on the Insurance Company and Jeeva Ratna Setty individually and severally and directed them to deposit the amount within a period of 30 days from the date of the Award failing which they shall further be liable to pay interest 9 p.a.
1 filed M.F.A. No.
V. RAMANA, J. This appeal by special leave is directed against the impugned judgment and order dated 10th August, 2005 passed by the High Court of Karnataka in M.F.A. No.
3842 of 2003 whereby the High Court partly allowed the appeal preferred by the Respondent No.
The brief facts of the case leading to this appeal are that on 3rd April, 1997 at about 1.00 p.m., when Honniah Dodda Thimmaiah was returning from the field driving a tractor with the sand load on the trailor, the tractor overturned and Honnaih Dodda Thimmaiah died owing to the injuries sustained in the accident.
