UNITED INDIA INSURANCE CO. LTD. Vs. KENCHAPPA

JUDGEMENT

(1.) Being aggrieved by the award dated 31.01 .2011 passed in WCA:SR:26/2008 by the learned Labour Officer and Commissioner for Workmen s Compensation, Sub-division-1 , Belgaum (for short, Commissioner ), insurance company has preferred this appeal under Section 30(1) of the Employees Compensation Act, 1923.

(2.) Brief facts are that the deceased Mayappa Kenchappa Dolli was working as a Hamali in a tractor and trailer bearing registration No .KA-28/T-5159/5910 owned by Sri.Basanagouda Channabasappagouda Patil, who is respondent No.1 before the learned Commissioner. On 19.5.2005 , as per instructions of respondent No.1, the deceased was proceeding in the said tractor and trailer along with another Hamali by name Sri. Shivanagouda Sanganagouda Biradar and on account of negligence of the driver of the tractor , it capsized and fell into Tunga river canal and due to the impact, Mayappa Kenchappa Dolli died in the accident.

(3.) The only contention advanced before me by the learned counsel for the appellant-Insurance Company is that the claim petition itself discloses that the deceased Mayappa Kenchappa Dolli was sitting on the engine of the tractor and on account of tractor falling into Tunga river canal, he had died. His further submission is that as per contract of insurance and under the statute, the appellant-insurance company had covered risk of only driver of the tractor and not the risk of any other person traveling on the engine of the tractor . In this behalf, he relies on Regulation 28 of the Road Regulations. He also drew my attention to the averments in the claim petition and also evidence of PW1 in support of his contention.