GOPAL AND ORS. Vs. ABDUL WAHID AND ORS.

JUDGEMENT

(1.) The insured has challenged the liability imposed on him for to pay compensation the death of Shivashankar and injuries to others in the accident occurred on 31.5.2006, while they were labourers unloading the lorry bearing No. KA32 -410.

(2.) It is not in dispute that Shivashankar (deceased) and others injured were the employees on the lorry on the date of accident. The Tribunal granted compensation for the death of deceased and injured and directed the owner of the said lorry to pay the same exempting the insurer to pay the excess of the sum payable under the Workmen's Compensation Act.

(3.) The appellants have challenged the impugned judgment and award imposing the liability on the owner of the vehicle to pay the compensation in excess of the amount payable under the Workmen's Compensation Act.