Krishna S. Dixit, J.

This appeal by the insurer challenges the judgment and order dated 21.09.2010 made by the Commissioner for Workmen's Compensation, Udupi, allowing WCA/CR-57/FC/2007 whereby a compensation of Rs. 4,52,760/- has been awarded with a statutory interest of 12% per annum from one month after the accident.

2. The brief facts of the case stated are:

(a) One Mr. Satish who was working as a cleaner-cum-loader in the lorry bearing Registration No. KA-44-0400; on 20.10.2007, after the lorry was loaded with the Manganese Ore, he went to have bath in a nearby reservoir, wherein he died of drowning. The LRs of the deceased had filed the claim petition that was stoutly opposed by the insurer.

(b) To prove the claim, the first claimant being the father of the deceased was examined as PW1 and in his evidence, seven documents came to be marked as per Exhibits P1 to P7 which inter-alia comprised of the FIR, Post Mortem Report and Salary Certificate of the deceased. One Mr. Abdul Nabi Sa, who was the driver of the said lorry was examined as PW2. From the opposite side, none was examined although the Insurance Policy was got marked as per Exhibit R1.

(c) The Commissioner for Wo