RAHUL Vs. NINGEGOWDA

JUDGEMENT

(1.) These appeals are at the instance of the claimants and the insurance company calling in question the legality and validity of the award dtd. 12/5/2009 passed in W.C.No.KAPKA/F-04/2007 by the Labour Officer and Commissioner for Workmen Compensation, Division-2 at Chikmagalur.

(2.) The claim petition proceeded on the allegation that one Chandramma @ Bhanubai (hereinafter referred to as 'deceased') was working as a coolie in the tractor and trailer bearing Registration No.KA-18-3641 & 3642 which was owned by respondent No.1-Ningegowda, before the learned Commissioner and insured with the appellant- insurance company. Respondent No.3-K.S.Raju before the learned Commissioner was subsequently impleaded on the allegation that he was a contractor who had employed the deceased. It is further alleged in the claim petition that on 25/8/2001 at about 3.50 p.m. when the deceased was proceeding in the tractor and trailer in question, on account of the rash and negligent driving of the driver of the tractor, it met with an accident resulting in the death of the deceased.

(3.) On issuance of notice by the learned Commissioner, respondent Nos.1 to 3 appeared before the learned Commissioner. Respondent No.1 Ningegowda filed a detailed written statement denying the very employer and employee relationship between himself and the deceased. Respondent No.2 who is the appellant-insurance company filed a detailed written statement denying all the material allegations made in the claim petition. Respondent No.3 also filed a written statement denying the averments made in the claim petition.