MANAGER, THE NEW INDIA ASSURANCE CO. LTD., REP. BY ITS REGIONAL MANAGER Vs. H. KALLAPPA BIN CHANNAPPA, SUSHEELAMMA KOM LATE MAHANTHAPPA, VEERESH K.M. BIN LATE MAHANTHAPPA AND KAVITHA B.M. BIN LATE K. MAHANTHAPPA

JUDGEMENT

(1.) A claim petition filed under Section 22 of Workmen's Compensation Act, 1923 (fort short 'the Act'), by Respondents 2 to 4 before the Commissioner for Workmen's Compensation. Davanagere District, against the 1st Respondent and the Appellant having been allowed and the Appellant having been directed to deposit the compensation amount with interest, questioning the order/award, this appeal has been filed. For convenience, the parties would be referred to with reference to their rank in the claim petition filed before the Commissioner.

(2.) THE Petitioners are the wife and children of one K. Mahanthappa, who was employed as a loader by the owner of tractor -trailer unit bearing registration No. KA -17 -630 and 631. The said person sustained personal injuries by accident, which occurred on 25.02.2007, arising out of and in the course of his employment and died. The wife and children of the deceased, filed claim petition under Section 22 of the Act, against the insured and the insurer of the vehicles. The insured filed written statement and admitted the employment of K. Mahanthappa as loader in his vehicle -tractor/trailer bearing No. KA -17 -630 and 631, the occurrence of the accident on 25.02.2007 involving the said vehicles, the injuries sustained by K. Mahanthappa by accident arising out of and in the course of his employment. He stated that, the vehicles were duly insured and the liability to pay compensation is that of the insurer. The insurance company -Appellant filed written statement and denied the claim.

(3.) SRI A.K. Bhat, learned advocate appearing for the Appellant, contended that, the Commissioner has erred in hoisting the liability on the Appellant to satisfy the award since K. Mahanthappa was not a coolie or loader in the vehicle. Learned Counsel further contended that, in view of R.100 r/w R.226 of Karnataka Motor Vehicles Act, carriage of loader in a tractor -trailer being prohibited, there being no requirement of insurance coverage to employee of insured of an agricultural tractor -trailer, the fastening of liability is illegal. Alternatively, learned Counsel contended that, the awarding of interest from 30 days of accident is contrary to the law declared in the judgment reported at 2009 AIR SCW 3717.