JUDGMENT :

This is insurer’s appeal calling in question the legality of the award dated 08.06.2009 in W.C.A.No.66/2005 passed by the learned Labour Officer and Commissioner for Workmen’s Compensation, Bellary Sub Division-II, Bellary (for short “the Commissioner”).

2. Brief facts are that the claimant was working as a driver of auto rickshaw bearing registration No.KA35/4716 owned by respondent No.1Narasimha and insured with the present appellant. It is stated that on 15.10.2004 at 1.30 p.m. while the claimant was driving the auto rickshaw in question, it met with an accident in Hosur village of SH-19 resulting in fracture injuries to him and case in Crime No.52/2004 was registered in Ramapur police station.

3. During the proceedings before the learned Commissioner, respondent No.1 remained exparte. Respondent No.2, who is the appellant herein, filed its detailed written statement denying the material averments made in the claim petition.

4. During the enquiry, claimant examined himself as P.W.1 and he examined a qualified medical practitioner Dr.Laxminarayan as P.W.2. Ex.P.1 to P.7 were also marked. The appellant examined one of its witnesses as R.W.1 and policy of insurance was marke