MANJUNATH RAMESH TALAWAR Vs. KAJAMODDIN ALLABAKSH KOLUR

JUDGEMENT

(1.) Since the common order passed by the Labour Officer and Commissioner for Workmen's Compensation has been challenged in these two appeals, both these appeals are clubbed together and disposed of by this common judgment.

(2.) The appellants in these two appeals are the claimants being not satisfied with the quantum of compensation awarded in judgment and order dated 28.05.2009 in WC (NF) Nos.106/2008 and: 105/2008 respectively passed by the Labour Officer and Commissioner for Workmen's Compensation, Gadag (hereinafter referred to as "the WCC" for short) have filed these two appeals seeking enhancement of compensation.

(3.) The appellants in these two appeals has filed the claim petition contending that they were working as Hamalies in the lorry bearing registration No.KA-27/2646 belonging to the first respondent. On 04.09.2008, as per the instructions of the owner of the lorry proceeded towards Tyagarti village for the purpose of loading the bricks. Due to the rash and negligent driving of the said lorry, the vehicle met with an accident and turned turtle. In view of that the claimants working in the said lorry sustained grievous injuries. Immediately after the accident they were shifted to the Government Hospital, wherein they took treatment as inpatients for a long period. They have spent huge money for their treatment. In view of the injuries sustained, they cannot work as Hamalies, which they were doing prior to the accident. The owner of the vehicle was paying them salary of Rs.3,500/- per month and batta of Rs.50/- per day. The accident occurred during the course and out of employment. Hence, the owner as well as the insurer has to compensate the claimants.