UNITED INDIA INSURANCE Vs. SARASAWWA HAHAMANTHA INGALE

JUDGEMENT

(1.) THIS appeal is filed by the insurer challenging the correctness and legality of the judgment and award made by the Commissioner for Workmen's Compensation (hereinafter referred to as 'the Commissioner' for short), Bagalkot, dated 24-7-2003 passed in Case No. W. C. SR. 28/02 whereby the claim petition filed by respondent Nos. 1 to 7 came to be allowed awarding compensation of Rs. 1,84,646/- together with interest at 12% p. a. and directed the appellant to deposit the said amount within sixty days failing which the appellant-insurer is liable to pay interest at 18% p. a. Assailing the same, the appellant-insurer has come up with this appeal.

(2.) THE case of the respondent Nos. 1 to 7 in nutshell is that they are the dependents of late Hanamanth Ingale who was working under respondent No. 8 as a coolie in a tractor bearing Reg. No. KA 29:2806 and trolley No. 2807 and that the respondent No. 8 was paying the deceased salary of Rs. 4000/- p. m. and batta of Rs. 25/- per day. It is the further case of respondents-claimants 1 to 7 that on 10-9-2001 as per the directions of respondent No. 8, deceased Hanamanth Ingale and others had been to work for bringing the murram i. e. 'garasu' and while Hanamanth Ingale was digging a heap of murram, the wall of the murram fell on his body. Consequently he died at the spot. Therefore respondent Nos. 1 to 7 filed a claim petition before the Labour Court-cum-Commissioner of Workmen Compensation.

(3.) THE following points arise for the consideration of this Court:-