DIVISIONAL MANAGER NATIONAL INSURANCE CO LTD Vs. BASAVARAJ

JUDGEMENT

(1.) These appeals are at the instance of the insurer call ing in question the legality of the award dated 30.07.2010 in WCA No.36/2008, 33/2008, 34/2008, 35/2008, 37/2008 and 38/2008 passed by the learned Commissioner for Workmen's Compensation, Koppal.

(2.) Brief facts are that, claimant Tirupati Reddy was the driver, claimant Nagaraj son of Thippanna was the cleaner, claimant Nagaraj son of Siddanna, claimant Basavaraj son of Basanna, claimant Shivakumar son of Thipperudrappa and claimant Suresh son of Mallanna were al l working as 'hamal is' in lorry bearing registration No.AP-27/V-7121 owned by respondent No.1 - Munirathnam (before the learned Commissioner) and insured with the appel lant herein. It is stated that on 02.10.2007 as per the directions of respondent No.1 - Munirathnam, they had unloaded maize in Chal lakere and while they were returning to Bellary at about 2.00 a.m., on account of rash and negligent driving of the driver, the lorry in question dashed to another lorry bearing No. TN- 28/L-9856 near Tammenahal l i on S.H.19 resulting in injuries to al l the claimants. It is stated that initial ly they had taken treatment in Toranagal lu and also at Korlagundi Primary Health Centre.

(3.) In the claim proceedings before the learned Commissioner, respondent No.1 - Munirathanam appeared and f iled a written statement admitting employeremployee relationship between him and the claimants herein and their wages as well as the factum that the accident resulting in injuries took place during the course of and arising out of the employment.