NATIONAL INSURANCE COMPANY LIMITED Vs. KANTHAPPA

JUDGEMENT

(1.) IN these three appeals filed by the Insurance Company, following questions of law would arise for consideration:-

(2.) I have heard Sri B.C.Seetharama Rao, learned counsel for Insurance Company, Sri S.C.Vijayakumar, learned counsel for I-respondent and Sri C.Shivakumar, learned counsel for II-respondent.

(3.) AS could be seen from the oral evidence, claimants are the residents of Devapura Village, Hosadurga Taluk. The insured owner of tractor & trailer is from Nulenur Village of Holalkere Taluk. The distance between two villages is about 25 to 30 kilometers. It is contended by claimants that they were engaged by II-respondent for loading and unloading paddy into tractor-trailer for transporting the same to hulling machine at Tarikere, which is at a distance of 40 kilometers from Hosadurga. The place of incident is on the road between Kataganare and Sollapur, within the jurisdiction of Ajjampura Police Station, Chikmagalur District. The Commissioner for Workmen's Compensation has ignored these admitted facts and police records, which were relied upon by claimants while recording a finding that claimants had been engaged as loaders and unloaders and they were under the employment of insured at the time of accident. Therefore, I am of the considered opinion that this finding cannot be sustained and the matter requires reconsideration.