RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. BHIMSI

JUDGEMENT

(1.) This is an appeal by the insurer calling in question the legality of the award dated 28.05.2012 in WCA/NF No.99/2009 passed by the learned Labour Officer and Commissioner for Workmen s Compensation, Sub Division II, Hubli (for short the Commissioner ) .

(2.) Brief facts are that the claimant was working as Hamali in truck bearing registration No.KA-25/B-1594 owned by respondent No.1-Yallappa Dyamappa Hirevalli and insured with the appellant herein. It is stated that as per the instructions of respondent No.1, the claimant had gone in the lorry in question and while he was unloading the granite slabs, one of them fell on his left thigh and he suffered serious injuries. Initially, he was admitted to Government Hospital, Dandeli and thereafter he was admitted to District Hospital, Dharwad.

(3.) In the claim proceedings, respondent No.1-insured filed his written statement admitting the accident and also stating that the truck in question was insured with the appellant. He further admitted that the claimant was working as Hamali since about one month prior to the accident. Respondent No.2, who is the appellant herein filed his detailed written statement denying all the averments made in the claim petition stating that claimant was a gratuitous passenger in the lorry.