BALAWWA BASAPPA HANABAR Vs. KENCHAPPA YALLAPPA BANAPPANAVAR

JUDGEMENT

(1.) The insurer as well as the claimant have filed these appeals under Section 30(1) of the Employee s Compensation Act, 1923 (for short the Act ) being aggrieved by the award dated 04.02.2012 in W.C.No.49/2010 passed by the learned Labour Officer and Commissioner for Workmen s Compensation, Sub Division II, Belgaum (for short the Commissioner ).

(2.) Brief facts are that claimant-Smt. Balavva Basappa Hanabar was working as coolie in tractor trailer bearing registration No.KA-24/T-4575 & 4576 owned by respondent No.1-Kenchappa Yallappa Banappanavar and insured with National Insurance Company Limited. It is stated that on 18.09.2009, as per the instructions of respondent No.1- Kenchappa, the claimant had worked in his field by harvesting maize crop and thereafter she had loaded the same into the tractor trailer and she was accompanying the same and on account of rash and negligent driving of the tractor, it met with an accident resulting in serious injuries to the claimant.

(3.) During the claim proceedings, respondent No.1- Kenchappa had filed his written statement admitting the employer-employee relationship between him and the claimant as well as the accident resulting in injuries taking place in the course of and arising out of the employment.