THE DIVISIONAL MANAGER Vs. BASAPPA AND ANOTHER

JUDGEMENT

(1.) THE second respondent Insurance Company in WCA. No. 194/2008 on the file of Commissioner for Workmen's Compensation, Bagalkot, has come up in this appeal challenging the finding of Commissioner so far as it pertains to nature of accident and involvement of vehicle insured with second respondent Insurance Company. Brief facts leading to this appeal are:

(2.) BEING aggrieved by the same, second respondent Insurance Company/insurer of tractor trailer has come up in this appeal contending that petition is fraudulent. According to him, though there is accident resulting in death of Smt. Mallawwa wife of petitioner before Commissioner, death of Mallawwa is not taken place involving tractor trailer bearing No. KA -29/T. 6898 -99. According to him, the manner in which accident took place resulting in the death of Mallawwa is suppressed and a false claim is foisted before Commissioner implicating the vehicle insured with second respondent before the Commissioner with the sole intention of securing compensation from Insurance Company. It is also its contention that assuming for a moment the said vehicle is not implicated vehicle, it is the vehicle which has caused accident, even then liability to pay compensation is not on Insurance Company, for the reason that, there is violation of the terms of policy in using the vehicle for the purpose of carrying employees of cultivator of some other land not belonging to the insured of the vehicle and said vehicle not being used for the work of insured in taking coolies to the land of insured. In that view of matter, Insurance Company is not liable to pay compensation. It is further contented that at the relevant time of accident driver of tractor trailer was not having valid driving licence to drive the tractor trailer and he had the licence to drive only a tractor and not a trailer which is drawing the trailer along with that.

(3.) HEARD the Counsel for appellant and contesting respondent. On re -appreciation of the pleadings, oral and documentary evidence available on record in the light of grounds of appeal vis   -vis the finding of Commissioner in judgment impugned, it is seen that indeed there is accident said to have taken place on 11.6.2008 at about 8.00 P.M. The complaint is lodged by one Basappa Amaragol, one of the inmates of tractor trailer. According to him, on the ill fated day about 15 persons were traveling in tractor trailer bearing No. KA -29/T. 6869. They were proceeding from their village, namely, Basavanal of Kamatagi Hill for doing the agricultural coolie work in the land of one Huchhappa Hirala. For that they made use of the tractor trailer belonging to one Hanumantha Poojari bearing No. KA -29/T. 6869. It is stated by him when said tractor trailer was proceeding on the Kamatagi road, said tractor trailer turtled on the road due to rash and negligent driving resulting in injuries to some of the inmates and death of Mallawwa wife of Basappa, petitioner before Commissioner. In that behalf, police complaint was lodged. Based on that FIR was also drawn on the very same day. It is seen that there appears to be a further statement given by very same person on the very same day. The further statement does not bear his signature, which is produced at Ex. P3, wherein changes the number of vehicle as KA -29/T. 6898. At that time, he also adds the number of trailer as 6899, which was not there earlier at the time of filing complaint.