NATIONAL INSURANCE COMPANY LIMITED Vs. SMT. KUMARI

JUDGEMENT

(1.) This is an appeal filed by the insurance company aggrieved by the Award dtd. 21/2/2012 passed in W.C.A.No.23/2007 by the Commissioner for Workmen's Compensation, Mandya.

(2.) The claim petition was filed under Sec. 10 of the Employee's Compensation Act, 1923 seeking compensation of an amount of Rs.8,00,000.00 for the death of the workmen who was employed as Loader & Unloader in the Tractor Trailer belonging to the first respondent, that occurred on 30/6/2003. The Court below considering the evidence on record had granted compensation of an amount of Rs.3,20,355.00.

(3.) It is the case of the claimant that the deceased was working in the capacity of loader & un loader under the first respondent in the Tractor Trailer. On 30/6/2003, as per the instruction of the first respondent, the deceased workman loaded the sugarcane belonging to Javare Gowda i.e., the father of the deceased and taking to Jaggery unit and unloaded the sugarcane in the alemane and while returning, the driver of the tractor instead of driving the tractor in the road drive, drove the vehicle on the bunds of the sugarcane field in a rash and negligent manner. Due to this, the loader sitting on the tractor fell down and the tractor wheel ran over him. As a result of this, the worker sustained grievous injuries and died at the spot.