NEW INDIA ASSURANCE CO LTD Vs. K RAMANNA

JUDGEMENT

(1.) ALL the appeals arise out of the same accident. The lorry was transporting cement loads from Bellary to Kampli and there were about 50 inmates. The lorry met with an accident resulting in 11 deaths and 14 injuries. In respect of the 7 deaths the legal representatives have filed application before the workmen's Compensation Commissioner seeking compensation. It is said that all the seven deceased persons were travelling as loaders in the lorry. The Commissioner for Workmen's Compensation awarded compensation to the petitioners directing the insurer to pay the compensation. The insurer is in appeal seeking avoidance of the liability on the ground that the deceased persons are the unauthorised passengers in the goods vehicle and that the insurer has no liability to pay compensation.

(2.) THE owner of the lorry remained absent before the Workmen's Compensation Commissioner.

(3.) THE following substantial questions of law arise for consideration: