NEW INDIA ASSURANCE CO LTD Vs. MALLIKARJUNA

JUDGEMENT

(1.) These two appeals have been preferred by the appellant-insurer assailing the judgment and award dated 05.03.2009 passed by the Commissioner for Workmen's Compensation and Labour Officer, Sub-division-II, Bellary in WCA Nos.351 and 352 of 2007.

(2.) Heard. The appeals are admitted and with the consent of the learned counsel appearing for the parties, they are taken up for final disposal.

(3.) Brief facts of the case are that are that applicant No.1 Sri. Mallikarjun was working as a loader and applicant No.2-Shanmukappa, was working as a driver in a luggage auto bearing registration No.KA-16/A-3490. It is contended that on 28.04.2007 at about 9.30 pm they were proceeding as per the instruction of the respondent No.1-owner from Challakere to Gudihala Village and when they came near Doddayellarti, in order to avoid a big pothole, he lost the control over the vehicle and as a result of the same the vehicle turned turtle and both of them sustained injuries. A case was registered in Crime No.128 of 2007. For having sustained injuries in the course of employment, both the applicants filed claim petitions seeking compensation.