DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD Vs. VALI

JUDGEMENT

(1.) These are appeals filed by the insurance company calling in question the legality of the judgment and award dtd. 6/12/2012 in W.C.N.F.Nos.409/2007, 410/2007 and 411/2007 passed by the learned Labour Officer and Commissioner for Workmens Compensation, Sub-Division-I, Bellary (for short the Commissioner)

(2.) Brief facts are that the claimants namely, Srivali, Yerriswamy and Venkatesh were stated to be working as cleaner and loaders, respectively, in truck bearing registration No.KA- 34/C-2349 owned by respondent-B.Nagaraj and insured with the appellant herein. It is stated that one Mehaboob Pasha was the driver of the said lorry. On 25/5/2007, as per the instructions of the owner of the lorry, B. Nagaraj, these claimants were proceeding in the said lorry, which was loaded with sand and at about 8.30 p.m. while the lorry in question was proceeding near Mundargi Industrial Area, it dashed against a parked lorry bearing registration No.AP-07/0347 and thereafter it capsized and fell into a canal resulting in injuries to these claimants and the driver-Mehaboob Pasha.

(3.) In response to the claim petitions, the respondent- owner of the lorry, B. Nagaraj, filed written statement admitting that these claimants and the driver Mehaboob Pasha were working in the said lorry and there was employer and employee relationship between himself and the claimants.