NATIONAL INSURANCE COMPANY LIMITED Vs. DURGAPPA AND ORS.

JUDGEMENT

(1.) SINCE the common questions of law and facts are involved in all these appeals and the appeals are arising out of the common judgment and award passed by the Commissioner for Workmen Compensation, the appeals were taken together to dispose off them by this common judgment.

(2.) THE brief facts leading to filing of the claim petitions by the respondents/claimants in all these appeals, who filed their claim petitions before the Commissioner for Workmen Compensation, alleging that on 20 -5 -2005 as per the directions of respondent No. 2 herein, the deceased were proceeding in 407 Tempo bearing Regn. No. KA -32 -A -1786 as coolies and cleaner. When the said vehicle reached near Kavital -Lingasugur main road, at about 6 -00 p.m., said tempo met with accident and in the said accident Balamma and others sustained grievous and multiple fracture injuries and died due to the said injuries. It is the further case of the respondents/claimants that case in Crime No. 56/2005 came to be registered in Kavital Police Station. It is also their case that the deceased in the respective claim petitions were earning members. Because of the death in the said accident, they were put to loss. Hence on that ground, the claimants in the respective appeals preferred the claim petitions before the Commissioner under the Workmen Compensation.

(3.) HEARD the arguments of the learned counsel appearing for the appellant -insurance company in all these appeals and also the learned counsel appearing for the respondents/claimants.