BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., HUBLI, NOW REPRESENTED BY BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., 31, GROUND FLOOR, TBR TOWER, I CROSS, NEW MISSION ROAD. ADJACENT TO JAIN COLLEGE AND BANGALORE STOCK EXCHANGE, BANGALORE - 560027 Vs. S

JUDGEMENT

(1.) THIS appeal is against an order dated 27.05.2010 passed by the Workmen's Compensation Commissioner ('CWC' for short), Davanagere District, in case No. CR -165/2007, allowing the claim petition filed by respondents 1 to 3 herein, whereby and where under the appellant was directed to pay/deposit the compensation amount with interest. For convenience, the parties would be referred to with reference to their rank in the claim petition. Briefly stated, the facts leading to the filing of the appeal are as under: Petitioners instituted a claim petition contending that, Somesh, the husband of 1st petitioner and father of petitioners 2 & 3, was a loader and encoder in a tractor -trailer bearing registration No. KA -17 -TA -5259 & 5260 under the employment of 4th respondent and died, when Somesh and other coolies were proceeding in a tractor -trailer an accident having occurred owing to negligence on the part of driver of said vehicles. It was contended that, deceased Somesh was the only bread earning member in the family and due to his untimely death, the family has been thrown into street.

(2.) THE 1st respondent, owner of the vehicles in question appeared through his advocate and filed statement, admitting as true, the statements made in the claim petition and stated that, the vehicles having been duly insured and the insurance certificate being valid as on the date of occurrence of accident, the insurance company has to satisfy the claim.

(3.) ISSUES were raised by CWC. The 1st petitioner deposed, through whom Exs.A -1 to A -8 were marked. For the insurance company, its authorised representative deposed, through whom Exs.R -2(l) to R -2(7) were marked. The CWC held that, there existed jural relationship of employee and employer between the deceased and the owner of offending vehicles and taking into consideration the age and wages, the loss of dependency was determined and the appellant, which had issued the insurance policy, was directed to pay the compensation amount.