UNITED INDIA INSURANCE CO LTD Vs. PUTTAPPA

JUDGEMENT

(1.) WHETHER Workmen's Compensation Commissioner is justified in holding that the death of Ashwathappa, the loader in the tractor-trailer was in the course and out of employment?

(2.) DECEASED was employed as loader in the tractor-trailer meant for transporting the sand. At the sight when the loading was to take place the driver of the tractor-trailer drove the vehicle negligently and hit against the hillock, the debris falling on the deceased. The deceased was trapped in the mud load and died of asphyxia.

(3.) THE proviso to section 147 of Motor vehicles Act reads thus: