The Manager, The Oriental Insurance Company Limited vs Sri R. Manjunatha and Smt. Anitha

Huluvadi G. Ramesh, J.—Appellant-Insurer has sought for setting aside the judgment and award dated 31.12.2009 passed by the Commissioner for Workmen''s Compensation, Chikkaballapur, in case No. WCA : NF: CR : 22/2008 and for such other relief. Heard the learned counsel for the appellant and the learned counsel for the respondents.

Learned counsel for the appellant-Insurer is challenging the liability fastened on the Insurance Company on the ground that the wife is the owner of the lorry. As such, there exists no relationship of employer and employee between the wife and husband. 1st respondent who is the husband of 2nd respondent was the driver of the lorry and sustained injuries in the accident. Therefore, he should be treated as a family member and there cannot be any relationship of employer and employee between the husband and wife. Learned counsel for the appellant-Insurer also challenged the amount of compensation awarded on the basis of assessment of disability contending that it is an exaggerated one.

In the road accident occurred on 1.11.2007, while the claimant was driving the lorry bearing No. KA-40-2174 on NH-7 of Hyderabad and Karnul road, Annasagara, near Shivari due to head on collusion, the claimant sustained grievous injuries and he was treated at Government District Hospital, Mehaboob Nagar. Later, he was given higher treatment. The case was registered in FIR No. 164/2007 and the claim petition was filed. The Commissioner for Workmen''s Compensation taking note of the factum of accident which occurred, held that during the course of employment there exists relationship of employer and employee and also has taken note of the number of injuries sustained i.e., as many as seven injuries, out of which, there were some fractures also. The claimant suffered fracture of femur on the left and tibia on the right, there is shortening of left lower limb by 21/2 inches and there was limited movement of the left knee joint and right upper limb. The Doctor has assessed 50% disability to the left lower limb and 30% disability to the right upper limb and 40% disability to the whole body. The Commissioner on the basis of the opinion of the Doctor, awarded compensation of Rs. 3,24,449/- with interest at the rate: of 12% per annum. In so far as the relationship is concerned, already this Court in the case of Oriental Insurance Co. Ltd. Vs. Hanumant and Another, has held that there exists no relationship of employer and employee since owner and driver of vehicle are father and son and further it is held that the legal relationship of employer and employee between the father and son can exist in law. So in view of the ratio, relationship of employer and employee between the husband and wife cannot be negated. In so far as the quantum of compensation awarded by the Commissioner is concerned, the claimant has sustained grievous injuries to both the legs and having suffered compound injuries, quantum of compensation awarded at Rs. 3,24,449/- appears to be on the higher side and the same is reduced to Rs. 3,00,000/-. However, the claimant is entitled for interest as per law from one month after the date of accident till the date of deposit. Accordingly, the appeal is allowed in part.

Amount in deposit be transferred to the Commissioner for Workmen''s Compensation for disbursement. Remaining amount be refunded to the insurer