NATIONAL INSURANCE COMPANY LIMITED REPRESENTED BY ITS REGIONAL OFFICE REPRESENTED BY ITS ADMINISTRATIVE OFFICER Vs. NAGESH BIN NANJUNDAIAH AND SMT. MARIYAMMA W/O. LINGAIAH

JUDGEMENT

(1.) THESE appeals by the insurance company is against the common order and the consequential awards passed by the Commissioner for Workmen's Compensation ('CWC' for short), Mandya, allowing the claim petitions filed before him in part, whereby and whereunder, the Appellant was fastened with the liability to pay the determined compensation amount with interest.

(2.) THE factual matrix involved in these cases is as follows: MFA 10478/2008: The 1st Respondent in this appeal was a loader/unloader in tractor -trailer bearing registration No. KA -11 -T -7085, & 7086. The 2nd Respondent was its owner. An accident took place on 29.12.2006, wherein the 1st Respondent suffered injury and filed an application before the CWC for awarding of compensation in terms of the provisions of Workmen's Compensation Act, 1923 (for short 'the Act'). The said petition was registered with case No. WCA/NFC/CR.68/2007. The Appellant had issued insurance policy in respect of said vehicles. MFA 10479/2008: The 1st Respondent, in this appeal was a loader/unloader in tractor -trailer bearing registration No. KA -11 -T -7085 & 7086. The 2nd Respondent was its owner. An accident took place on 29.12.2006, wherein the 1st Respondent suffered injury and filed an application before the CWC for awarding of compensation in terms of the provisions of Workmen's Compensation Act, 1923 (for short 'the Act'). The said petition was registered with case No. WCA/NFC/CR.69/2007. The Appellant had issued insurance policy in respect of said vehicles. MFA 10480/2008: The 1st Respondent in this appeal was a loader/unloader in tractor -trailer bearing registration No.KA -11 -T -7085 & 7086. The 2nd Respondent was its owner. An accident took place on 29.12.2006, wherein the 1st Respondent suffered injury and filed an application before the CWC for awarding of compensation in terms of the provisions of Workmen's Compensation Act, 1923 (for short 'the Act'). The said petition was registered with case No. WCA/NFC/CR.70/2007. The Appellant had issued insurance policy in respect of said vehicles. MFA 10481/2008: The 1st Respondent in this appeal was a driver in tractor -trailer bearing registration No. KA -11 -T -7085 & 7086. The 2nd Respondent was its owner. An accident took place on 29.12.2006, wherein the 1st Respondent suffered injury and filed an application before the CWC for awarding of compensation in terms of the provisions' of Workmen's Compensation Act, 1923 (for short 'the Act'). The said petition was registered with case No. WCA/NFC/CR 71/2007. The Appellant had issued insurance policy in respect of said vehicles.

(3.) THE owner of the vehicles appeared through her learned advocate and filed written statement, wherein she admitted the Petitioners being her employees in her tractor -trailer, they being under her employment on 29.12.2006 for the purpose of loading and unloading the pit manure from the pit of one mahalingaiah of Nanjegowdana Koppalu to the land of one Boregowda of Bidarkatte, the occurrence of the accident on account of the vehicles being toppled and sustaining of injuries during the course of employment. She did not admit the other averments made in the claim petitions. However, she pleaded that the vehicles were validly incused by the Appellant and the insurance policy was in force as on the date of occurrence of the accident and hence, the insurer was liable to pay the compensation.