ORIENTAL INSURANCE COMPANY, HASSAN Vs. REVANNA & ANOTHER

JUDGEMENT

(1.) The 2nd respondent-Insurer in S.R. No. 14/2007 on the file of Commissioner for Workmen's Compensation has came up in this appeal impuging the judgment dated 20-7-2010. Wherein the claim petition filed by the 1st respondent herein was allowed and compensation was awarded in a sum of Rs. 1,95,592/- for the injuries said to have suffered in the course of his employment with the 1st respondent-owner of the tractor-trailer bearing registration No. KA-13 T-5618-5619.

(2.) Brief facts leading to this appeal are as under :-

(3.) In the proceedings before the Tribunal, a specific defence was taken that the vehicle which was insured is for agricultural purpose, whereas at the relevant time of accident, the vehicle was used for commercial purpose and that the injured was sitting on the tractor at the time of accident and as such, he is not entitled to compensation for the injuries suffered in the accident, since the accident was caused due to his negligence in sitting and travelling on the tractor. However, the said objections were not looked into and the claim petition was allowed by the Commissioner for Workmen's Compensation awarding compensation in a sum of Rs. 1,95,592/-, which is under challenge in this appeal.