NATIONAL INSURANCE CO LTD Vs. RENUKA

JUDGEMENT

(1.) THIS appeal by National insurance Company Ltd. is directed against the judgment dated 20-11 -2007 passed by the commissioner for Workmen's Compensation, davanagere District, Davanagere in Case No. WCA:cwc:cr-73/2007 awarding a compensation of Rs. 2,76,255/- to respondent Nos. 1 to 4 the widow, children and mother of the deceased-Shankaraiah Pyatimath who died due to injuries suffered by him in an accident that occurred on 21-3-2006 while he was being carried as a Coolie/hamali in the tractortrailer belonging to respondent No. 5.

(2.) I have heard Sri B. C. Seetharama Rao, learned counsel appearing for the appellant-Insurance Company and perused the impugned judgment. I have also perused certified copy of the Motor Insurance Policy (Ex. R2 (l)) relating to the tractor-trailer which was made available to the Court by the learned counsel. The following two substantial questions of law are formulated in the memorandum of appeal :

(3.) LEARNED counsel appearing for the appellant-Insurance Company submits that at the time of accident, the deceased-Shankaraiah pyatimath was being carried as a Coolie in the tractor-trailer and by referring to the various road rules, submits that the deceased was not permitted to be so carried in the tractorl:railer and hence, such a risk was not required to be covered in law. It is unnecessary to examine the road rules referred to by the learned counsel as the appellant-Insurance Company has expressly covered the risk of one employee by collecting a premium of Rs. 25/-; in the policy it is stated as 'wc to employee and not as 'driver'. Hence, the contention that the employee referred to in the policy related to only the driver cannot be accepted.