ORIENTAL INSURANCE COMPANY LTD Vs. MALLIKETHI BASAPPA

JUDGEMENT

(1.) THE appellant – Insurance Company is questioning the liability saddled on it by the Commissioner for Workmen 's Compensation, Bellary Division, Davanagere, in case No.CWC.BLR/CR-17/2006 dt.5.2.2007.

(2.) THE facts leading to this case are as hereunder: The respondents-1 to 7 are the legal heirs of one Shivarudrappa who dies in a road traffic accident occurred on 3.1.2005. According to the claimants, he was working under 8th respondent who is the owner of the Tractor-Trailer bearing No.KA.35/T-1025-26. According to them, the deceased while discharging his duties and during the course of his employment under the 8th respondent died in a road traffic accident. On

(3.) MR . B.C.Seetharama Rao, learned counsel for the appellant relying upon the policy issued by the appellant contends that the appellant did not cover the risk of an employee, but it had covered the risk of only the driver of the tractor and therefore the award passed by the Commissioner has to be set aside.