THE DIVISIONAL MANAGER, DIVISIONAL OFFICE, UNITED INDIA INSURANCE CO. LTD. Vs. SANTOSH SHIVAPPA KUDARI AND ORS.

JUDGEMENT

(1.) The United India Insurance Company Limited filed these appeals challenging the legality and correctness of the judgment and order dated 29 -5 -2008 made in WC/NF/157 & 158/2005 and WC/NF/188/2005 passed by the Labour Officer and Commissioner for Workmen's Compensation, Bagalkot (hereinafter referred to as 'the WCC for short) fastening the liability on the appellant to compensate the claimants.

(2.) All these appeals are arising out of the common judgment and order passed by the WCC in the very same accident. In view of that, all these appeals are clubbed together and disposed of by this judgment and order.

(3.) The claimant in WC/NF/157/2008 is the driver and claimants in WC/NF/158/2008 and WC/NF/188/2008 were coolies working in the Tractor and Trailer bearing registration No. KA -29/T -1629 -30 belonging to the second respondent herein. As per the instructions of owner of the vehicle, on 26 -9 -2005, while they were proceeding towards the land of owner in the Tractor and Trailer, the trailer tyre was punctured on the way. While removing the tyre of the trailer, for technical defect, the tractor turned turtle. Due to the impact, the claimants have sustained grievous injuries. Initially they had taken treatment at Dr. Ramesh Patil Hospital at Mudhol. Thereafter they had taken treatment at Private Hospitals. In the accident, the driver has sustained fracture of radius of right hand and fracture of patella and other injuries to the body. The claimant in WC/NF/158/2005 sustained fracture of tibia and fibula, fracture of clavicle and other injuries. The claimant in WC/NF/188/2008 sustained fracture of femur and fracture of hip -bone. In view of the injuries sustained, they cannot do the work of driver and coolies, which they were doing prior to the accident. The owner of the vehicle was paying them salary of Rs. 4,000/ - p.m. The accident occurred during the course and out of employment. Hence, the claimants are entitled for compensation.