Karnataka High Court
The New India Assurance Company Limited vs Sri Avatar Singh on 19 November, 2012
Author: N.Ananda
Bench: N.Ananda
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 19TH DAY OF NOVEMBER 2012
BEFORE
THE HON'BLE MR.JUSTICE N.ANANDA
M.F.A.No.11484/2008 (WC)
BETWEEN:
The New India Assurance Co. Ltd.
Chitradurga Branch
Through its Regional Office
No.2-B, Unity Building Annexe
Dr. Kalinga Rao Road
Bangalore - 560 027
Rep. by its Deputy Manager
Sri C.R.Subramanya. ... Appellant
(By Sri Lakshminarasappa K.S., Advocate for Sri B.C.Seetharama
Rao, Advocate)
AND:
1. Sri Avatar Singh
S/o Bemod Singh @ Kheyor Singh
Aged about 37 Years
R/o Panjabi Daba
Near : Challakere Gate
Chitradurga.
2. Sri Avatar Singh
S/o Mairsingh
R/o near : Junior College
Chitradurga
(Owner of lorry bearing
No.MH-04-CA-9035). ...Respondents
(By Sri Iqbal Ahmed Khan, Advocate for M/s.CAR Associates,
Advocates for R1; R2-service held sufficient v.c.o.dt.30.09.2011)
2
This appeal is filed under section 30(1) of Workmen's
Compensation Act, to set aside the judgment and award dated
15.10.2008, passed in WCA/KANAPA/NF/CR-307/2006, on the
file of the Labour Officer and Commissioner for Workmen's
Compensation, Chitradurga District, Chitradurga, awarding
compensation with interest & etc.
This appeal coming on for hearing this day, the court
delivered the following:
JUDGMENT
The only question raised by the Insurance Company in this appeal is:-
"Whether claimant and insured before the Commissioner for Workmen's Compensation are one and the same persons?"
2. I have heard learned counsel for Insurance Company and learned counsel for claimant.
3. The learned counsel for Insurance Company taking me through contents of Ex.R.3, copy of admission intimation of Bapuji Hospital at Davanagere would submit that on 29.12.2005 at 8.45 a.m., Casualty Medical Officer of Bapuji Hospital at Davanagere had sent admission intimation to the jurisdictional police regarding admission of one Avathar Singh s/o. Mair Singh, Punjabi Dhaba, Challakere Gate, 3 Chitradurga District to Bapuji Hospital at Davanagere for treatment of injuries stated to have been suffered by him in a road traffic accident on 29.12.2005.
4. Ex.R.2 is the copy of indemnity bond executed by the owner of vehicle to take interim custody of insured vehicle involved in the accident. As per contents of this document, one Avtar Singh, s/o Mair Singh had executed indemnity bond for the purpose of taking interim custody of insured vehicle (lorry bearing No.MH-04-CA-9035).
5. The Commissioner for Workmen's Compensation has overlooked these documents to record a finding that claimant namely Avatar Singh, S/o Bemod Singh @ Kheyor Singh and insured namely Avtar Singh S/o Mairsingh are two different persons. The Commissioner for Workmen's Compensation has not assigned proper reasons to arrive at such conclusion. In my considered opinion, this controversy can be resolved by sending left thumb impression of claimant and left thumb impression of insured found on 4 Ex.R.2 to finger print expert to ascertain whether the claimant and insured are one and the same persons or not.
6. Therefore, I pass the following:-
ORDER The appeal is accepted. The impugned award is set aside. The matter is remanded to the Commissioner for Workmen's Compensation, Chitradurga District, Chitradurga, with a specific direction to obtain left thumb impression of claimant and send the same along with left thumb impression found on Ex.R.2 to finger print expert for his opinion. The cost of examination by the finger print expert shall be borne by Insurance Company. The Commissioner for Workmen's Compensation after receiving the opinion from finger print expert shall decide the claim petition. The other contentions raised herein are kept open. The amount in deposit shall be refunded to the Insurance Company.
Sd/-
JUDGE SNN