UNITED INDIA INSURANCE CO. LTD. Vs. D. SUNKA

JUDGEMENT

(1.) These appeals are at the instance of insurer calling in question the validity of the award dated 29.08.2009 passed in WCA Nos.239 to 244 of 2007 by the Labour Officer and Commissioner for Workmen's Compensation, Koppal, (for short the 'Commissioner').

(2.) Brief facts are that claimant-D .Sunka was stated to be working as driver and claimants, Nagara j, Ningappa, Marenna, Basava @ Basavaraj and Veeresh, were stated to be working as Hamalies in the tractor and trailer bearing registration Nos.KA-34/2668 and 2669 owned by respondent No .1-D .Devendrappa and insured with the appellant-Insurance Company. On 29.11.2003 as per the instructions of respondent No .1 the owner, claimantK.Devendrappa who is the driver of Tractor and trailer and rest of the claimants were proceeding in the said vehicle , loaded with maize and it met with an accident, on account of which tractor and trailer turned turtle towards right and fell into a ditch. When the claimants were trying to lift the vehicle , maize bag fell over the claimants, resulting in grievous in juries to them. It is pleaded in the claim petitions that immediately therea fter , they were taken to Vi jaynagar Institute of Medical Sciences (For short 'VIMS), Bellary and thereafter, for higher treatment they went to private doctors for better treatment.

(3.) It is stated in the claim petition that the tractor and trailer was insured with the appellant insurance company and policy of insurance was valid at the time of accident.