MEHABOOB IMAMSAB PACHAPUR Vs. MOHAN VAMANRAO MODAGEKAR

JUDGEMENT

(1.) Claimant has preferred this appeal under Section 30(1) of the Employee's Compensation Act, 1923 calling in question the award dated 31.03.2012 passed in WC.SR.NO.56/2010 by the Labour Officer and Commissioner for Workmen's Compensation, Sub-Division No .II, Belagavi (for short the Commissioner).

(2.) The brief facts are that the claimant was working as Hamali in a truck bearing registration No.KA-22/A-8560 owned by respondent No.1-Mohan Vamanrao Modagekar and insured with respondent No.2 . It is stated that on 04.09.2009 , the claimant was proceeding in the lorry as a Hamali and while opening the tarpaulin covering the cargo carried in the lorry, he fell down and suffered fractures in his hand and other parts of the body.

(3.) Before the learned Commissioner, respondent No.1 filed statement of objections admitting the employer and employee relationship as well as the fact that the accident resulting in injuries to the claimant took place in the course of and arising out of the employment. He also stated that the truck was insured with respondent No.2 .