UNITED INDIA INSURANCE CO LTD Vs. JHONSA

JUDGEMENT

(1.) THESE two appeals are directed against two independent orders dated 8. 7. 1997 passed by the workmen's compensation commissioner, shimoga, henceforth in brief referred to as the wcc. When the first appeal herein is directed against the order in case No. Wca:fc: cr:15 of 1993 the second appeal is directed against the order in case No. Wca: fc:cr:14 of 1993. Both the appeals have been filed by the insurance company.

(2.) THE appellant insurance company in both the appeals is represented by the learned counsel Mr. B. c. Seetharama rao, whereas the contesting respondents- claimants are represented by the learned counsel Mr. S. V. Prakash.

(3.) THE facts as i see are similarly placed. That one ansaar and nazeer, both fullblood brothers, died at about 9. 30 p. m. On 21. 12. 1992 in a road accident near petrol bunk situated at c. n. Road, bhadravathi when they were changing the wheel of the tractor and that they were claimed to be the workers under their father, one rasool sab, son of buden sab. It was the case of the respondents-claimants that both the deceased persons were engaged as workers/ coolies in the agricultural land of their father and that on the relevant day, they were in-the process of transporting sugarcane grown in the lands and thus, they fell within the meaning of the term 'workmen' under the Workmen's Compensation Act. That the respondents-claimants, therefore, filed claim petitions before the wcc, making the father and the appellant, insurance company herein as the opponents. That on behalf of the respondents-claimants, three witnesses were examined. It appears that the father of the deceased supported and conceded the claims of the respondents- claimants. Therefore, it was the lot of the appellant insurance company to oppose the claims made by the respondents- claimants.