NATIONAL INSURANCE CO LTD Vs. MARUTHI

JUDGEMENT

(1.) BEFORE the Commissioner for Workmens' Compensation, Bagalkot, totally 5 claimants filed claim petitions bearing Nos. WCA.NF. 194/2005, 195/2005, 196/ 2005 & 197/2005. The appellant herein was the respondent insurer, the respondents 1 to 4 herein were the claimants and the 5th respondent herein was the respondent insured before the Commissioner. The contentions are that one of the respondent by name Mr. Venkappa was the owner of the tractor-trailer bearing No. KA.24A-2863-2864. The respondents/claimants claimed to be working as coolies under the said owner. According to them on 23.9.2005 as per the directions of the employer-cum-owner of the tractor-trailer in question, travelled in the said tractor-trailer as coolies under him to fence stones on the ridge of the land of the employer. While they were travelling along with the fencing stones, when they reached the Budni K.D. village, because of a ditch, the tractor-trailer along with coo-' lies fell into the ditch. As a result, all of them sustained grievous injuries. They were all first taken to Primary Health Centre at Hoskote and then to a specialist at Mudhol. According to them, the injuries sustained by them have resulted in permanent disability resulting in total loss of earning capacity. They also claimed that they were earning about Rs.4,000/- per month as salary apart from Rs.25/- as bata every day.

(2.) AS against this the 5th respondent herein, admits being the owner of the tractor-trailer in question, so also factum of all the claimants (respondents 1 to 4 herein) working as coolies under him and another claimant as driver in the said tractor-trailer. He admits the occurrence of the accident and also sustenance of injuries by the claimants. He further claims the tractor-trailer in question being insured with the appellant Insurance Company and seeks indemnifying him against the claims of the claimants.

(3.) THE award of the Commissioner is challenged so far as four employees/coolies except the 5th claimant referred in the award of the Commissioner, who was a driver under the owner of the vehicle.