Karnataka High Court
United India Insurance Co Ltd vs Kum Anjinamma D/O Sunkappa on 17 March, 2008
Author: K.Ramanna
Bench: K.Ramanna
ee ae ee a iil
IN THE HIGH COURT OF KARNATAKA, BANGALORE -- .
DATED THIS THE 17™ DAY OF MARCH 2008
BEFORE
THE HON'BLE MR. JUSTICE' K. RAMANA
MISC. FIRST APPEAL No. 8735 OF - 2005 (6) mc
BETWEEN
UNITED INDIA INSURANCE Oo DID
BELLARY DIVISION,. _
THROUGH ITS REGICNAL "
OFFICE AT NO 25, SHANKARANARAYANA
BUILDING, M.G. ROAD, BANGALORE 1
REP BY ITS DEPUTY MANAGER.
M GOPINATHA RAQ
: "... APPELLANT
(By Sri: B co SERTEARAMA TAO, ADV.)
ANT:
1 KUM ANTINAMOA D/o SUNKAPPA
-. GSD ABOUT 23-¥EARS
R/O CHELLAGURKI VILLAGE
BELLARY DISTRICT.
2 SKI B SOMAPPA, MAJOR
3/0 HANUMANTHAPPA
KG SHANAVASAPURA,
.. SIRIGUBPA TALUK
- BELLARY DISTRICT
ee ..» RESPONDENTS
iBy SMT. Y¥. MALATHI REDDY FOR SRI Y
LAKSHMIKANTH REDDY FOR R1,R-2 SD.)
MISCELLANECUS FIRST APPEAL FILED U/S 30
{l; OF W.C. ACT AGAINST THE JUDGMENT AND ORDER
DATED:13.7.2005 PASSED IN WCA/207<A/O2/NF ON
THE FILE OF THE LABOUR OFFICER AND WORKMEN'S
COMPENSATION COMMISSIONER BELLARY SUB-DIVISION
Mew
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NO.2, BELLARY, AWARDING COMPENSATION cF
RS.1,26,900/= WITH INTEREST AT 12% P.A. FROM |
THE DATE OF ACCIDENT AND DIRECTING TR
APPELLANT HEREIN TO DEPOSIT THE SAME.
This Miscellaneous First Appeal coming on
for Ordere thia day, the Court delivered 'the - .
following:
JUDGMENT.
Though the matter is. Linted for "nearing
on Interlocutory application, i is taken up for
final hearing. - with the 'consent ef Sri
Seatharama - Ree, = 'Learned "counsel for the
appellant and Sei z Malachi Reddy for Y.
Lakshnikentareddy fer a respondent, heard
and being disposed of.
(2. 'This appeal is filed by the insurer of
the vehicle 'challenging the liability fastened
on it-.by 'the Labour Officer and Commissioner
: SS for Wlorkuen' s Compensation Sub-division II
" beLlacy in WCA/207-A/02/NE, whereby claimant-
"respondent No.1 was awarded compensation of
¥e.1, 26,900/- with interest at 12% p.a.
'
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3. Tha main contention of the appellant
in thie appeal is that respondent No.1, whe ic - .
the alleged victim of a road traffic accidar sty
has net produced the FIR and charge sheet to. .
show that she sustained injurios on 5/21/2003 i:
during the course of emplcynant working as a
loader in a ractor-treiier " Bentring
registration No. KAw34/T-957 and KA~34/T-1094
belonging to the ae 'reepondent, 'the owner of
the vehicle 'and. wae earning 'Re. "125/ " per day.
4. Heard ) arguments of both the parties.
5. it 'is argued. By the learned counsel
for the appellant "that apparently claim
opetitién filed by the 1°* raspondent is a
menipul ation of records like wound
gertl ficate, . statement said to have been
"recorded oy tha SHO of Out-Post police,
~ Bellary, contomment. There is no criminal
* ease registered against the driver of the
. - tracter-trailer. The 1* respondent failed to
prove that she has sustained any injury in the
meteor vehicle accident. That Ex.P-2-wound
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certificate is a concocted document. So algo
the other recorde like Ex.P-3-case sheet of : .
the VIMs hospital in respect of the allaged
treatment taken by her in Vime hompital at
Bellary. Therefore, the "appeal is te be
allowed and the Judgment and Award made by 'the
W.C. Commissioner has te be. bet 'epide, ae she
has not at all sustained any "ins gury in the
motor vehicle | accident during the course of
arpleyment. -
T. On the other hand, learned counsel for
the 1™ respondent subsite that the appellant
has net nross-examined P.W.1 with regard to
the registration ef criminal case. Initially
she has taken treatment in a private hospital
at Kacagali in Bellary Taluk. Thereafter she
has taken treatment in Vims hospital at
pellary. Counsel for the 1 respondent
"further submits that she did not know how
wound certificate is said to have been issued
by the Medical Officer Muralimohan, Government
hospital Huvinahadagali. If the complaint has
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not been registered by the police for the.
offence, the victim should not be penalised. . :
Her statement has been recorded by the sHD of
the Cantonment out post police wtation. 'She '
had sustained injuries in the. accident, sho"
has rightly reported the matter te the police
and the docter who has examined the claimant
has assessed the disability as: 2 qualified
docterc. Therefore appeal is. to be Cismissed.
&. Having ted the arguments of learned
Couns el] for both. the parties, the substantial
question 'that arises for consideration is
whathes the re respondent has proved before
. the Wc. - Conmissioner that she met with an
accident during the course of employment under
_
z cespundsnt-B.Somappa the owner of the
trast or-trailer who is residing at
shanavasapura, Siriguppa Taluk, Bellary
Dis criet?
Whether the injuries mentioned in the
wound certificate Ex.P-2 stated to have been
igeued by Dr.Murali Mohan, Government
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: sustained grievous nature of injuries on her
_> Hospital, «at Bellary and later on she took
reatment in Government Hospital at Bellary.
She had taken treatment as an out patient, at
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hospital, Huvinahadagali is a manipulated one?
Whether the Judgment and Award passed Py 'the os
W.C. Commissioner is perverse, capricieus end
illegal?
According to the 1% respondent, she : is"
residing in Chellagurti village, Bellary
District. She was an educated 'Lady studied up
to SSC and she was working: as a Loader under
qn
responden i "B. Somappay . residing in
Siriguppa Talu. ; "the avements ef the claim
petition are. "that: on '5/11/2001 she was un-
loading the hl ack "atones, the stone slipped
and fell on. hery as &@ result of which she
legs cheat and on her wrist. Soon after the
"accident she was shifted to the Private
8 private hospital. The out-post police,
Bellary, contemment have registered a
statement of the claimant on 6/11/2002. But
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during the course of the evidence, P.W.1 hes
deposed that on that day along with one woman sy
by name Marakka, two men Hamali loaded 30 begs
of maize from the land of her owner. After
unloading them at Challikere they loaded black
slabs and they started unloading the black
stones at Kaggalu. Two. men "goolies: were
lifting those black slabs and. keaping them.
While they were.so removing, - unfortunately at
about 5 p.m one black slab fell en her and
consequently. she eustained injuries as
mentioned in the wound cartificate. But the
claim petition dees not contain that on that
- aay thoy ware leading 30 bags of maize from
'the land of bis owner and unloaded the same in
"his house and thereafter they loaded kadapa
black stones from Challikere and carried with
- 'tractor-trailer to Kaggalu. This part of the
- "evidence is contrary to the pleadings.
. Therefore, it is not proper for the W.C.
Commissioner to believe tha said version. In
fact reepondent No.1 hag not examined any co-
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= @ x a © Se Se Ge te BLE Gey 8" SAP REGEN RG P ECGS Oe ee ee Ge EA RCRE Pasa, PEE Wek aed BO TRON ROS, SEES OE Gee te Pe" PAGER ek DEUS E See CTR Sh REL P ee CREO Be ke Ge oS workers i.e., Marakka or two men coolies to show whether the 1° respondent was working 88 - a loader or as an amployee under get respondent and sustained injuriee éuring the.
course of employmant. It is Seely that 'though treatment is said to have heen "taker "in Kaggalu private hospital, aeither it's name is shown in the claim petition nor she stated the name of the doster whe "initially: gave first aid and treatment . Bx. B=2 '{ndicates that she was examined by . medical officer of Huvinahangadi on 6/8 /2001 at 12.45 p.m. wherein he menticned bout the nature of the _ injuries sustained. Ex.P=2 discloses that 1% respondent in stated to have sustained three | simple injurias and one grievous injuriy. It is seat: 'that a wound certificate is said to . have been issued by the medical officer at os " Huvinahangadi on 26/9/2004. This certificate _. is said to have been issued at Bellary. This goes to show that Ex.P-2 is manipulated one and tried to show that injuries has been O> HOI VUYLYNYYH 4O nine? HOI WEVIVNUYo JO LINOD HOIH WIVLWNYW) JO LINOD HOI YNVLYNEW dO LUNOD HOIH YAVIVNaVH ZO LUNOD HO! . sustained by her rin ¢ a "motex vehicle | ons Of 41/2001. "Ex.P-2 shows ee on 2 I
2 the ce 'respondent speronched 'De. Murals W .. od got 'the "gertificate. if she _ . susteined 7 such | "injuries "when she _ treatment | on 6/12/2002 at Bellary, _ _ should io -- mentioned. Mere reco | the statement by the SHO | et out: post ' | eration: Bellary : "contonment - "anno : belieees, The sau copy, of tha 'stat marked ia Ex. Ply herein: they: have me:
Mis No. 159981. but the: = 'respondent
- a pooinced F FIR Or, charge sheet. a ioe have tiled Br i. ne "een 'produced "before _ th a! 'oe 82 Pee. Foeoeee -- oe POCO EEN are Bos eae oor. ae oe ees A ee 'report. ' : No > such 109 HOI WIVLYNNYY 40 LINO? HSIN YYVIYNUYY JO LIND HOI YYVIVNWH 40 DINDD HOIM WNYLUNENWY 40 19NOF HSIN WIVIYNYW dO LINO? HO / . report stated o i 'been ipeued
- Medical "Superintendent 'Medical oo Hopital, 'Bellary. on 6/31/2001 | taken 3 an vine hospital, Bellazy.
issued by pr. ".Lekshninarayans Ruthorised. Medical Exsmines for ne ° . slabs trom 'trailer end it) said. stones fallen 8 on her leg" there: must . 'comreberative pisce of evidence, cova | :
(by. noms other party. First of all i v :
: the ra respondent to prove 'that. anatained some injuries during the. a . enploynent | under: : = respondent. . injuries were sustained during: the a . sop loyment then ou 'respondent the.
. WG. Comiseioner: and 'filed hie" e he EEE EE Ne EME RISE RENE PRRES REEMEES Wot WERKE WE PME NENE WENO EAINEN COUT E Beer RE ek CEN re BG Nee er Oe ers RR ee 8 There won no "negligence : in removing the Lo :
the vehicle ought te have ceppeared he 09 HOI WIVIYVNUYY dO LINO? HOIH VNVIVNUW dO LIN0D HOIH WIVIVNYY dO LINO? HOIH WIVLVNUW 40 LINOD HOIH WIvIVNAWN JO LUNO:
BE ai Rt RRR I ET CED HRS CESARE SE REET TE PENRO we ra ere er eee | / either: admitting or aisputing the 2 ave : a -- 'Theretore. : vaven. af the: vanicle | 1 = ~~ - omployment. 2 aoe 'the : claim "peritice ath regard -- | | relationship. The rae respondent -- / proved that phe pustained a E>
- . gourse of 'employment, the | "wound corti ! oo EE. Pez is a manipulated . one. / FIR or , sheet has 'not 'been Produced, ro. prove . case ches 'bean registered with: regard :
accident 3 in "which | ingurios were: Bust * insurer to. py "compenention. / "First of 11 i . that | she bad 'sustained injuries dur : | juries during the course of "enploym a motor accident | : she 'would have "lodged a ' ee complaint before | the. | juriedictional Pp 1 10D HOIH WIVIVNUVN 40 LINOD HOH VVIWNavy JO LINO? HOIH WIVIWNSV¥ dO LINO) HOIH WIVIYVN&Y¥y JO LINC? HOIH WiviVNYvy dO LINO? HOIn NOE BSE RIES EL ERE EEE EES EEE SEES ES RR ESS R EER GERM ES ee Se BR Ne GER ERE ER Se FBeSwe S Ree Ge Ok er PRPS ERC SSN aE eee A eo ee ae ere See See Oe 12 came to Bellary she should pass through polica station to reach Bellary. No such attempt hae 7 been made to report the same. The "aseunont that there is manipulation ~ 'ibioaa certificata and non examination of "cosworkere like Marakka and other two men workers is fatal to her cage. 'Therefore, the diebility fixed on the insurer « of the vehicle ip totally ingerreet and -- iLiegal and tha Judgment and Award pasaed ky the W. Ce Commissioner is liable to be sat aside. | Recondingly, 'the appeal ig allowed. The gudgnent " and Award passed by the W.c Commisaicnor is hereby set aside.
the . claim petition filed by the i1™ a vespondent ig hereby dismissed. The amount in 'deposit shall be refunded to the appellant.
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