ROYAL SUNDARAM ALLIANCE INSURANC CO. LTD. Vs. PARAWWA

JUDGEMENT

(1.) This is an appeal by the insurer calling in question the legality of the judgment and award dated 29.4.2015 passed in ECA No.1/2014 by the learned Senior Civil Judge, MACT and Commissioner for Employees Compensation at Raibag (for short, Court below ).

(2.) Brief facts arethat one Balappa Bhimappa Teli @ Ganiger was working as a Coolie in Borewell rig mounted vehicle bearing registration No .KA-01-MH/6369 . It is stated that on 1.9.2012 at about 5 p.m., deceased Balappa while working in the said vehicle as a coolie as per the instructions of Respondent No .1-owner of the vehicle in question, was loading iron pipes to the said vehicle . At that time , iron pipe suddenly slipped and fell on the head of the deceased Balappa and on account of severe head injuries suf fered by him, he was shifted to KLE Hospital, Belgaum and he died on 7 .9 .2012.

(3.) In the claim proceedings, respondent No.1- employer did not file any written statement. Respondent No.2-insurer has filed a detailed written statement denying the averments made in the claim petition.