DIVISIONAL MANAGER Vs. OBAIAH

JUDGEMENT

(1.) These appeals are at the instance of the insured filed under Section 30(1) of the Employees' Compensation Act, 1923 (for short, 'Act') calling in question the award dated 29.06.2012 passed in WCA:CR.Nos.138/2012 and 135/2012 by the learned Labour Officer and Commissioner for Workmen's Compensation, Sub-division-II, Ballary (for short, the 'Commissioner').

(2.) Brief facts are that claimant Ramesh was working as drive and claimant Obaiah was working as loader in a tractor and trailer bearing registration No.KA-37/A-6499- 6500 owned by respondent No.1/Sharnagouda S/o . Rudragouda and insured with appellant-insurance company. It is stated that on 27.03.2011 at about 4.00 p.m. while claimants were transporting KEB wire to Hoshatti village on account of rash and negligent driving of the tractor and trailer by its driver , it capsized resulting in injuries to the claimants.

(3.) In the proceedings before the learned Commissioner , respondent No.1/Insured filed written statement admitting the employer and employee relationship between himself and the claimants and he also admitted the accident. The appellant-insurance company also filed separate written statement denying averments made in the claim petitions.