ICICI LOMBARD GENERAL INSURANCE CO. LTD. Vs. HONNURSAB

JUDGEMENT

(1.) These appeals are at the instance of the insurance company calling in question the award dated 04.11.2008 passed in WC Nos.369 , 370, 371, 372 of 2005 by the learned Labour Officer and Commissioner for Workmen s Compensation, Koppal (for short, Commissioner ).

(2.) Brief facts are that these claimants were working as Hamalies in a tractor and trailer bearing registration No.KA.37/TRM/584/KPL/04-05 owned by respondent No.1/Sadiqu Ali and insured with appellant herein. On 09.02.2005 as per the instruction of respondent No.1 , the claimants were proceeding in the said tractor and trailer as Hamalie and the tractor and trailer met with an accident and claimants su ffered grievous in juries.

(3.) In the proceedings before the learned Commissioner , respondent No.1/Insured filed written statement admitting employer and employee relationship. He has also set up a de fence that valid policy of insurance was in currency and therefore , liability is required to be reimbursed by respondent No .2. Respondent No.2/Insurer contested the proceedings by filing written statement contending that there was no policy coverage from the appellant.