NEW INDIA ASSURANCE COMPANY LIMITED Vs. D. ERANNA

JUDGEMENT

(1.) These appeals are at the instance of insurer calling in question the award dated 30.07.2010 in WC/CR.Nos.329/2007 and 330/2007 passed by the learned Labour Officer and Commissioner for Workmen s Compensation, Sub-Division II, Bellary (for short the Commissioner ).

(2.) Brief facts are that claimant-Raghavendra was working as driver and claimant-D.Eranna was working as hamali in luggage auto bearing registration No.KA-16/A-3949 owned by respondent No.1-K.Bharatesh and insured with the appellant herein. It is stated that on 10.12.2006, while claimants were proceeding in the luggage auto as per the instructions of respondent No.1 for loading coconuts in Maddankunte and unloading the same at Hiriyur and at that time accident took place resulting in grievous injuries to the claimants. In connection with the accident, a case in Crime No.572/2006 was registered in Hiriyur police station.

(3.) Respondent No.1 remained exparte before the learned Commissioner. Appellant filed a detailed written statement denying the material averments made in the claim petition.