DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., NOW REPRESENTED BY ITS MANAGER, UNITED INDIA INSURANCE CO. LTD. Vs. SHAMBULINGAPPA, S/O SHIVAYOGAPPA SARATHI AND MALLAPPA NINGAPPA BEERALA

JUDGEMENT

(1.) THIS appeal is by the United India Insurance Co. Ltd., calling in question the award passed by the Commissioner for Workmen's Compensation, Davanagere, and liability being put on the Appellant -Insurance Company to satisfy the award amount.

(2.) THE facts in brief, which led to the impugned award being passed, are that R -1 herein filed a petition before the Commissioner for Workmen's Compensation contending that, on 14.2.2004, he travelled in the tractor -cum -trailer bearing No. KA -27 -T -5035 -36 as a coolie and was also carrying jowar bags and when the vehicle reached P.B. Road, Harihara Church, there was an accident involving a cyclist, who was coming from the opposite side and when the driver of the tractor applied brakes, R -1 and others, who were travelling with him, fell down and sustained injuries. It is on this premise, a petition was filed and the Commissioner for Workmen's Compensation allowed the claim petition by awarding Rs. 1,87,410/ -as compensation with 12% interest.

(3.) THE submission of the learned Counsel for the Petitioner -Insurance Company is that, he does not dispute the policy in respect of the tractor -cum -trailer is a comprehensive policy but, however, no premium was paid covering the risk of any of the coolies and, therefore, liability could not have been put on the insurance Company. Secondly it was argued that, merely on the say of R -1, the Commissioner for Workmen's Compensation held that R -1 was a coolie under the insured. But, however, there was no convincing evidence placed in this regard and, in the absence of there being evidence to indicate that R -1 was in fact, employed as a coolie under the insured and in the absence of the employer also entering the witness box, the mere oral say of R -1 could not have been accepted by the W.C. Commissioner.