REKHA DADASO SURYAVANSHI Vs. ANIL AATMARAM NIKKAM

JUDGEMENT

(1.) These appeals are at the instance of the Insurance Company and the claimants calling in question the legality and validity of the award dtd. 26/3/2010 in W.C.S.R.No.05/2009 passed by the learned Labour Officer and Commissioner for Workmen's Compensation, Sub Division-I, Belgaum (for short "the Commissioner").

(2.) Brief facts are that one Sri Dadaso Suryavanshi was working as a coolie in tractor-trailers bearing registration No.KA-23/TA-3492, KA-23/TA-4604 & 4605 owned by respondent No.1-Sri Anil Atmaram Nikkam and insured with the appellant-Insurance Company. On 17/11/2008, while deceased was working as coolie in the said tractor-trailers which was loaded with the sugar cane, near Gajabharavadi, Chougala Mala on Konnur Road, on account of rash and negligent driving of the said tractor trailers, the deceased fell down from the same and later on, vehicle ran over him resultantly he died.

(3.) On claim petition being filed, the same was resisted by the owner-insured by filing his statement of objections, in which he admitted the employer and employee relationship, as well as the accident taking place arising out of and in the course of employment. The appellant-Insurance Company filed separate statement of objections denying material averments in the claim petition.