1. Second respondent insurance company in CR.No.59/2006 on the file of Commissioner for Workmen’s Compensation. Tumkur has come up in this appeal challenging the order dated 28.8.2009 passed therein. Earlier when this appeal had come up for admission instead of admitting the same notice was ordered and lower court record was called for to consider the appeal for final hearing. Accordingly, when this matter came up today though it is listed for admission, since the lower court record is received and respondent/claimant is also duly served, with the consent of counsel for both parties the appeal is taken up for final disposal.

2. Brief facts leading to this appeal are:

First respondent herein who was claimant before Commissioner is said to have suffered certain injuries in an accident which has taken place on 21.1.2002 at about 2.30 p.m. on N.H. involving tractor trailer bearing No.KA-06/A-91 and A.1758. The undisputed facts in this appeal are that 2nd respondent herein, namely Thangaraju, who is 1st respondent before Commissioner is owner of aforesaid tractor trailer. The said tractor trailer is insured with 2nd respondent before Commissioner, appellant herein. It is no