NEW INDIA ASSURANCE COMPANY LIMITED Vs. BARKATHULLA

JUDGEMENT

(1.) This appeal is by the insurer, questioning the award dated 6.12.2006 on the file of Commissioner for Workmen's Compensation, Davangere (hereinafter referred to as 'the Commissioner').

(2.) Respondents-3 and 4, who were the claimants before the Commissioner, had filed a claim petition inter alia alleging that the husband of the third respondent was working as loader and unloader on a lorry hearing No. KA-17/B-3650 belonging to respondent No. 1. While he was travelling in the said lorry on 12.6.2004 at the direction of the respondent No. 1, on account of rash and negligent driving by the driver of the lorry, the said lorry met with an accident, as a result of which, third respondent's husband died. Respondent Nos. 3 and 4 in their claim petition alleged that, deceased was earning Rs. 250/- per day and also Rs. 50/- batta and accordingly, they sought for compensation.

(3.) The Commissioner on the basis of the material produced before him held that the vehicle is insured and also held that the deceased was an employee under respondent No. I and further held that the dependants respondents-3 and 4 are entitled for compensation of Rs. 2,03,340/-. As against the said award, this appeal has been filed.