RELIANCE GENERAL INSURANCE CO LTD Vs. RAMAPPA

JUDGEMENT

(1.) Both these appeals are directed against the common judgment and award dated 31.12.2009 passed by the Labour Officer and Commissioner for Workmen's Compensation, Bagalkot, (for short, 'the Commissioner') in W.C.A. NF. No.46/2008 and W.C.A. NF. No.47/2008.

(2.) The claim petitions were filed by workmen, before the Commissioner, in respect of the injuries suffered by them in an accident dated 02.12.2007 involving the tempo trax jeep bearing Reg. No.KA-29/8190.

(3.) The claimants' case before the Commissioner was, they are employed as cleaner and driver respectively in the Tempo Trax bearing Reg. No.KA-29/8190 which belong to their employer - respondent No.2 herein. On 02.12.007 while proceeding in the said vehicle towards Bagalkot, the vehicle met with an accident near Choragasti Adda of Kerur. As a result, the workmen suffered fracture injuries. They were treated in a private hospital as in patients. They are not able to work properly because of the accidental injuries. Both of them are aged about 35 and 40 years respectively. The workman cleaner was earning monthly salary of Rs.4,000/- and Rs.50/- as bhatta per day. The workman driver was earning monthly salary of Rs.5,000/- and Rs.50/- as bhatta per day. Thus, both of them have claimed compensation of Rs.3,50,000/- each from the insurer. In response to the notice of the Commissioner, though the owner and insurer have appeared before the Commissioner, only insurer filed objection statement to the claim petition.