UNITED INDIA INSURANCE CO LTD Vs. NAGAPPA

JUDGEMENT

(1.) All these appeals arise out of the common Judgment and Order passed by the Commissioner for Workmen's Compensation, Raichur. Hence, these matters are clubbed, they are heard together and disposed of by this common Judgment.

(2.) Briefly stated the facts are: that the second respondent is the owner of the lorry bearing No.ATA 2737. The other respondents are Cleaner and Loaders. It transpires that on 4.4.2008, the lorry while proceeding towards Bellary side on NH-19, met with an accident colliding with another lorry bearing No.AP 02/V 3136 which was coming from opposite side. The claimants who were travelling in the lorry as workmen sustained grievous injuries in the course of employment and claimed compensation before the Commissioner of Workmen's Compensation under the provisions of the Workmen's Compensation Act, 1923, ['the Act' for short]. The Commissioner, after appreciating the evidence placed on record by the parties, allowed the claim petitions, awarded the compensation to the claimants as under:

(3.) Learned Counsel for the Insurer placing reliance on the insurance policy would contend that the liability of the Insurer was limited for 2 + 2 employees. The Commissioner without appreciating this vital aspect, contrary to the material evidence on record, awarded the compensation to the five of the six injured. It is also contended that in terms of the provisions of the Motor Vehicles Act, 1988 ['MV Act' for short] and Rules framed thereunder, more particularly, Rule 100 of the Karnataka Motor Vehicles Rules, 1989 ['the Rules' for short] read with Section 147 of the MV Act, no liability would have been saddled on the Insurer in the background of the factual matrix of the case.