NEW INDIA ASSURANCE CO. LTD Vs. IRAPPA

JUDGEMENT

(1.) This appeal is at the instance of the insurer of the offending Lorry bearing Registration No.KA- 17/8553 calling in question the legality and correctness of the Judgment and Order dtd. 13/1/2009 in WCA.No.66/2005 by the Labour Officer and Commissioner for Workmen's Compensation, Dharwad District, Sub-Dn.-II, Hubli.

(2.) The brief facts are that, claimant was working as driver-cum-hamali in lorry bearing Registration No.KA-17/8553 owned by Smt.Lalitamma W/o. Karibasappa and was insured with the appellant herein and on 15/7/2005, while claimant-driver- cum-hamali was proceeding to Bangalore from Hubballi, lorry dashed another lorry bearing Registration No.GJ-1/AT/9473 which resulted in grievous injuries to the claimant.

(3.) On claim petition being filed, the owner- employer Smt. Lalitamma W/o. Karibasappa filed her Statement of Objections. As could be seen from the statement of objections filed by her available in the records, the claimant was working as Hamali in the offending lorry. The appellant filed the Statement of Objections resisting claim petition denying the material averments in the claim petition.