Shylendra Kumar, J.

1. This appeal is a typical example of the most cantankerous and irresponsible manner in which the nationalized Insurance Companies function in our Country.

2. In the present appeal, the New India Assurance Co. Ltd., was the insurer providing cover to the owner of a lorry bearing Reg.No.Ka-37/5426, owner by name, Mahmad Hussain Mehboob Sah, has been arrayed as respondent No.6 in this appeal and the policy is issued by the Insurance Company in favour of the said owner, which has covered the risks of the insured not only in respect of the claim under the Motor Vehicle Act, but also claims arising out of the Workmen’s Compensation Act, 1923 [for short, the Act].

3. The driver of the vehicle had died on 17.03.2006 while in the course of employment, but not exactly while driving the vehicle. In respect of this incident, a claim application seeking for compensation had been filed before the Commissioner of Workmen’s Compensation, Bellary Division, Davanagere. The Commissioner in terms of his order dated 05.02.2007, allowed the claim petition in part and awarded a sum of Rs.3,11,055/- as compensation, which reads as under:-

(LANGUAGE)

4. The application f