BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., Vs. ANNAPURNAMMA

JUDGEMENT

(1.) The appellant/Insurance Company is before this Court seeking for setting aside the judgment and order dated 28.10.2010 passed by the Labour Officer and Commissioner for Workmen's Compensation, Haveri ('the Commissioner', for short), in WCA No.170/2008.

(2.) Respondents No.1 and 2 had filed a claim petition in WCA No.170/2008 contending that they being the wife and mother of one Parashuram Kummur, were dependent on him. The said Parashuram was working as Hamal on the lorry bearing No.KA-25/A- 9254, belonging to respondent No.4. On 11.05.2008, as per the directions of respondent No.4, the said Parashuram was proceeding in the said lorry to Hirekerur from Haveri after loading cement bags in the vehicle. At about 7.30 pm, on Haveri-Hansabhavi road, near Hediggond, due to rash and negligent driving of the said lorry by its driver, the lorry capsized in a roadside ditch. Parashuram was caught beneath the cement bags and died on the spot. It is on this basis that the claim petition was filed seeking for compensation on account of death of husband and father of the claimants.

(3.) Respondent No.3 - owner of the vehicle entered appearance and filed his written statement admitting the relationship between respondent No.4 and the deceased Parashuram as that being employer and employee.