ORIENTAL INSURANCE COMPANY LTD Vs. SHAFI ALIAS SHAFIFULLA

JUDGEMENT

(1.) THE legality and correctness of the order passed by the Commissioner for Workmen's Compensation, Davanagere, in Case No.WCA/CWC/CR-37/ 2004 dated 22.8.2005 is called in question by the appellant-Insurance Company.

(2.) WE have heard the learned Counsel for the parties.

(3.) THE main contention of Mr. B. C. Seetharama Rao is that the Commissioner committed an error in fixing the liability on the Insurance Company without understanding the provisions of the Motor Vehicles Act, 1988 (for short, 'the M. V. Act') and the liability of the appellant-Insurance Company. According to him, the policy has been issued by the appellant-Insurance Company in favour of the 2nd respondent to his tractor and trailer and that respondent No. 1, as a Coolie of the 2nd respondent, did not suffer any injury on account of the accident caused by the tractor and trailer. According to him, the 1st respondent sustained injuries on account of fall from a coconut tree in the garden land of the 2nd respondent. THErefore, the liability fixed has to be set aside. To support his arguments, he has relied upon the provisions of Sections 143, 146 and 147 of the M V Act and therefore, he requests the Court to allow the Appeal.