BASAVARAJ Vs. DIVISIONAL MANAGER

JUDGEMENT

(1.) These appeals are filed by the claimants under Section 30(1) of the Employee's Compensation Act, 1923 (for short "the Act") calling in question the legality of the award dated 29.02.2012 in WC Nos.37/2009 and 38/2009 passed by the learned Labour Officer and Commissioner for Workmen's Compensation, Koppal District, Koppal (for short "the Commissioner") dismissing the claim petitions.

(2.) Brief facts are that claimant-Basavaraj was working as cleaner and claimant-Kalakamma was working as coolie in Tata-407 vehicle bearing registration No.KA-35/6759 belonging to respondent No.1-Haider Ali and insured with respondent No.2 before the learned Commissioner. It is stated that on 23.10.2007, as per the instructions of respondent No.1-Haider Ali, they were working in the said Tata-407 vehicle accompanying vegetables to Ilakalgadda and on account of rash and negligent driving of the driver of Tata-407, it capsized near Guggalamari cross, NH-13, and both the claimants suffered grievous injuries. Before the learned Commissioner, respondent No.1-Haider Ali remained ex-parte and the proceedings were contested by respondent No.2-insurance company.

(3.) Claimants were examined before the learned Commissioner as P.W.1 and P.W.2 and one qualified medical practitioner was also examined as a witness. Ex.P.1 to Ex.P.14 were marked. Respondent No.2-insurance company examined one witness and policy of insurance was marked as Ex.R.1, registration certificate of the vehicle in question was marked as Ex.R.2 and driving licence of the driver of Tata-407 was marked as Ex.R3.