BRANCH MANAGER NATIONAL INSURANCE CO. LTD., 1ST FLOOR, NO. 1576, V.V. ROAD, MANDYA REPRESENTED BY ITS REGIONAL MANAGER NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE SUBHARAM COMPLEX 144, M.G. ROAD BANGALORE - 560 001 Vs. SMT. K.T. SAVITHA W/O. LA

JUDGEMENT

(1.) APPELLANT had issued an insurance policy for tractor -trailer bearing registration Nos. KA 11 T 2779 and KA 11 T 3134. The policy was valid from 27.12.2006 to 26.12.2007. The said vehicles were owned by Smt. Doddamma, W/o. Basavegowda @ Thammegowda, Two claim petitions were lodged before the Commissioner for Workmen's Compensation ('CWC' for short), Sub -Division -II, Mandya, under the provisions of Workmen's Compensation Act, 1923, contending that, Kalegowda and B.H. Nagaraju, were proceeding in the said vehicles as loaders and unlades on 30.12.2006 and on account of rash and negligent driving of the vehicles by its driver, the tractor -trailer unit turned turtle, an accident occurred resulting Kalegowda and B.H. Nagaraju sustaining fatal injuries and death. The insured admitted the jural relationship of employer and workmen between herself and the deceased as well as the fact of paying wages at the rate of Rs. 3,000/ - per month and also the occurrence of the accident. However, it was stated that, the vehicles having been insured by the Appellant, the liability to pay compensation should be fastened on the Appellant. However, the Appellant filed written statements and opposed the claim petitions.

(2.) THE wife of deceased kalegowda, the 1st claimant in WCA/FC/CR -32/2007 deposed as P.W. -1, through whom Exs. P -1 to P -3 were marked. A witness was examined as P.W. 2. Smt. K.T. Savitha, wife of deceased B.H. Nagaraju, the 1st claimant in WCA/FC/CR -33/2007 deposed as P.W. 1, through whom Exs. P -1 to P -11 were marked and another witness was examined as P.W. 2. The CWC allowed the claim petitions and has directed the Appellant to deposit the determined compensation amount. Feeling aggrieved, the insurance company has preferred these appeals.

(3.) SMT . Bhushani Kumar, Learned Counsel appearing for the legal representatives of the deceased workmen/claimants, contended that, the owner of the vehicles had employed the deceased Kalegowda and B.H. Nagaraju as loaders and unloaders of me vehicle which met with an accident on 30.12.2006, on account of rash and negligent driving by the driver of vehicles and the said persons sustained fatal injuries by an accident arising out of and during the course of employment and hence the insurer being liable, the fastening of liability on the Appellant which had issued the insurance policy is justified.