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

JUDGEMENT

(1.) The National Insurance Company limited has filed this appeal challenging the judgment and order dated 14 -10 -2008 made in WCA No. 100/2007 passed by the Labour Officer and Commissioner for Workmen's Compensation, Sub -Division -I, Bijapur (hereinafter referred to as 'Commissioner' for short), wherein the Commissioner has fastened the liability on the Insurance Company to compensate the claimants.

(2.) Respondent Nos. 1 and 2 herein had filed a claim petition contending that son of the claimants one Mahadeva Bhanudas was working as a coolie in the Tractor and Trailer bearing registration No. MF -10/S -167 (Tractor and Trailer No. 1020 - 1021) belonging to the 3rd respondent herein. As per instructions of the owner of the vehicle, on 10 -09 -2006, after loading the stones at Somanala village, while he was proceeding towards his village, due to the rash and negligent driving of the said Tractor and Trailer, the tractor met with an accident. Due to the said impact, the son of the claimants travelling along with stones fell down from the Tractor and Trailer and sustained grievous injuries. Subsequently, he died. At the time of death, the deceased was aged about 28 years, earning a sum of Rs. 4,000/ - p.m. The accident occurred during the course and out of employment. Hence, the claimants are entitled to compensation of Rs. 7,00,000/ -.

(3.) In pursuance of the notice issued by the Commissioner, owner of the vehicle entered appearance and admitted the occurrence of the accident and relationship of master and servant. However, he contended that he was paying salary of Rs. 3,000/ - p.m. to the deceased. He further contended that the vehicle is insured with the Insurance Company, and hence, the insurer has to compensate the claimants and sought for dismissal of the claim petition as against him.