COMING

ON

‘PRONOUNCEMENT

OF

JUDGMENT’,

THIS

DAY,

THE

COURT

DELIVERED

THE

FOLLOWING:

JUDGMENT

This appeal is filed by the Insurance Company

challenging the judgement and award passed in

WCA:F/109-A/2008

dated

20.08.2009,

wherein

liability is fastened on the Insurance Company by

granting compensation of Rs.3,03,620/- with 12%

interest.

3

Factual matrix of the case of the claimants

before the Workmen’s Commissioner (for short,

‘Commissioner’) is that deceased Eranna was working

as driver with respondent No.1 in respect of lorry

bearing No.KA-19/B-1126 and he was taking rest near

Idya village, Suratkal by halting in the said vehicle. He

died due to cardiac arrest and hence the claimants

being the legal representatives of said Eranna laid a

claim before the Commissioner. Respondent No.1,

who is the owner of the vehicle admitted his

employment and also admitted that during the course

of employment Eranna died. Insurance Company has

filed written statement denying the contents of the

claim petition and contended that the deceased was

not a workmen within the meaning of Section 2(1)(n)

of Workmen’s Compensation Act and also denied his

avocation, income and contended that it is clear that