NATIONAL INSURANCE CO. LTD. Vs. AYYANAGOUDA AND ORS.

JUDGEMENT

(1.) THE appellant -Insurance Company filed this appeal challenging the judgment and order dated 15.10.2009 in W.C.A./NF No. 57/2005 passed by the Labour Officer & Commissioner for Workmen's Compensation, Sub -Division -II, Hubli (hereinafter referred to as 'W.C.C.' for short), filed this appeal.

(2.) THE first respondent herein filed a claim petition contending that he was working as a coolie in the tractor -trailor bearing reg. No. KA -27/T -5611 & 5612 belonging to the second respondent herein. He was paying salary of Rs. 2,500/ - per month and batta of Rs. 15/ - per day. On 27.05.2005, as per the instructions of the owner of the vehicle after loading the fodder, the claimant along with other hamalis were proceeding towards Chikeruru road. Due to the rash and negligent driving of the tractor by its driver it met with accident at Mallenahalli cross. Due to the impact the claimant and others sustained injuries. As on the date of accident, the claimant was aged about 20 years. The accident had occurred during the course and out of employment. In view of the same, the claimant has sustained grievous injuries. Initially he had taken treatment at Government Hospital, Haven. Thereafter, he had taken treatment at Dr. Mahantesh Hanchinal at Dharwad. Police have registered a case against the driver of the tractor and trailor. Hence, the claimant is entitled for compensation.

(3.) ON the basis of the above pleadings of the parties, the W.C.C. framed necessary issues. The claimant in order to prove his case got examined himself as P.W.2 and examined the Doctor who treated him as P.W.4 and got marked the documents. On behalf of the Insurance Company, its Officer Sri Allamaprabhu Kubusad was examined as R.W.1.