THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., BELLARY v. SRI GADILING

Judgment

1. SRI GADILING S/O. SANNASUGALAPPA, AGE: 24 YEARS, OCC: EX. DRIVER LOADER, R/O: MUNIRABAD, TQ: AND DIST: KOPPAL.

2. SRI PEER S/O. KASHIMSAB, OWNER OF LORRY BEARING NO.KA-35/5352, R/O: UBBALGANDI VILLAGE, MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:1422 MFA No. 23641 of 2011 C/W MFA No. 23449 of 2011 MFA No. 23639 of 2011 MFA No. 23640 of 2011 MFA No. 23642 of 2011 MFA No. 23643 of 2011 MFA No. 23644 of 2011 TQ: SANDUR, DIST: BELLARY. SINCE DECEASED BY HIS LR’S 2(A) PINJARI PEERAMMA W/O. K. PEERA SAB, AGED ABOUT 50 YEARS, R/O: PARVATHI NAGAR, NEAR GALAMMA TEMPLE, KMP CAMP, UBBALGUNDI, RAJAPUAR POST, SANDUR TALUK, BALLARI DIST. 2(B) SHEKSHAVALI S/O. K. PEERA @ PEERASAB, ABOUT 35 YEARS, R/O: PARVATHI NAGAR, NEAR GALAMMA TEMPLE, KMP CAMP, UBBALGUNDI, RAJAPUAR POST, SANDUR TALUK, BALLARI DIST. 2(C) BIBEE D/O. K. PEERA @ PEERASAB MARRIED W/O. VANNURSAB, AGE: MAJOR, R/O: NEAR IMMA KASIM DARGA, BIMMAGANUR-583113. 2(D) PINJARI BADESAB S/O. K. PEERA @ PEERASAB, AGED ABOUT 29 YEARS, R/O: PARVATHI NAGAR, NEAR GALAMMA TEMPLE, KMP CAMP, UBBALGUNDI, RAJAPUAR POST, SANDUR TALUK, BALLARI DIST. 2(E) PINJARI FATHIMABI D/O. K. PEERA @ PEERASAB, AGED ABOUT 28 YEARS, MARRIED W/O. SHEKSHAVALI, LORRY OWNER BEARING REGN. NO.KA-35/C-9720, R/O: TARANAGAR, SANDUR TALUK, BALLARI DISTRICT. - 3 - NC: 2025:KHC-D:1422 MFA No. 23641 of 2011 C/W MFA No. 23449 of 2011 MFA No. 23639 of 2011 MFA No. 23640 of 2011 MFA No. 23642 of 2011 MFA No. 23643 of 2011 MFA No. 23644 of 2011 2(F) PINJARI VANNURSAB S/O. K. PEERA @ PEERASAB, AGED ABOUT 26 YEARS, R/O. PARVATHI NAGAR, NEAR GALAMMA TEMPLE, KMP CAMP, UBBALGUNDI, RAJAPUAR POST, SANDUR TALUK, BALLARI DIST. …RESPONDENTS (BY SIR Y. LAKSHMIKANT READY, ADVOCATE FOR R1; NOTICE TO R2(A), R2(B), R2(D), R2(E) AND R2(F) ARE SERVED; R2(C)-NOTICE HELD SUFFICIENT)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30 WORKMEN’S COMPENSATION ACT, 1923, PLEASED TO SET ASIDE THE JUDGMENT AND AWARD DATED 30.11.2010 PASSED BY THE COMMISSIONER FOR WORKMEN’S COMPENSATION, KOPPAL IN WCA.481/2006 ALLOWING THE APPEAL AND ETC., IN M.F.A. NO.23449 OF 2011 BETWEEN

1. SMT. BOYA NAGAMMA W/O. LATE BOYA HANUMANTHAPPA, AGED ABOUT 35 YEARS,

2. SRI BADA THAMMAIAH S/O. BADA THIMMAIAH, AGED ABOUT 64 YEARS,

3. SRI THIPPESWAMY S/O. LATE BOYA HANUMANTHAPPA, AGED ABOUT 22 YEARS, ALL ARE RESIDING AT PARVATHI NAGAR CAMP, UBBALAGUNDI VILLAGE, SANDUR TALUK, BELLARY DISTRICT. (BY SRI Y. LAKSHMIKANT REDDY, ADVOCATE) ...APPELLANTS - 4 - NC: 2025:KHC-D:1422 MFA No. 23641 of 2011 C/W MFA No. 23449 of 2011 MFA No. 23639 of 2011 MFA No. 23640 of 2011 MFA No. 23642 of 2011 MFA No. 23643 of 2011 MFA No. 23644 of 2011 AND

1. PEERA S/O. KASHIM SAB, AGED MAJOR, LORRY OWNER BEARING REG.NO.KA-35/5352, RESIDING AT PARVATHI NAGAR CAMP, UBBALAGUNDI VILLAGE, SANDUR TALUK, BELLARY DISTRICT.

2. THE DIVISIONAL MANAGER, M/S. ORIENTAL INSURANCE CO. LTD., RESPONDENTS (BY SMT. SHARMILA M. PATIL, ADVOCATE FOR R2; R1-SERVICE OF NOTICE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF THE WORKMEN’S COMPENSATION ACT, 1923, PLEASED TO MODIFY THE ORDER DATED 21.01.2011 PASSED ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMEN’S COMPENSATION, SUB-DIVISION-II, BELLARY, IN W.C. NO.123/2007 AND ETC., IN M.F.A. NO.23639 OF 2011 BETWEEN THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., BELLARY REPRESENTED BY ITS ASSISTANT MANAGER, R.O, HUBLI. (BY SMT. SHARMILA M. PATIL, ADVOCATE) ...APPELLANT AND

1. SMT. LALAMMA W/O. DURGAPPA OF BELLARY, AGE: 39 YEARS, OCC: HOUSEHOLD, R/O: UBBALGANDI, TQ: SONDUR, - 5 - NC: 2025:KHC-D:1422 MFA No. 23641 of 2011 C/W MFA No. 23449 of 2011 MFA No. 23639 of 2011 MFA No. 23640 of 2011 MFA No. 23642 of 2011 MFA No. 23643 of 2011 MFA No. 23644 of 2011 DIST: BELLARY.

2. MINOR ROOPAMMA D/O. LATE DURGAPPA, AGE: 16 YEARS, OCC: STUDENT, R/O: UBBALGANDI, TQ: SONDUR, DIST: BELLARY.

3. MINOR. LAXMI D/O. LATE DURGAPPA, AGE: 15 YEARS, OCC: STUDENT, R/O: UBBALGANDI, TQ: SONDUR, DIST: BELLARY.

4. MINOR. HONNURSWAMY S/O. LATE DURGAPPA, AGE: 03 YEARS, OCC: STUDENT, R/O: UBBALGANDI, TQ: SONDUR, DIST: BELLARY.

5. MINOR. UMAPATI S/O. LATE DURGAPPA, AGE: 10 YEARS, OCC: STUDENT, R/O: UBBALGANDI, TQ: SONDUR, DIST: BELLARY.

6. MINOR. HANUMANTHAPPA S/O. LATE DURGAPPA, AGE: 08 YEARS, OCC: STUDENT, R/O: UBBALGANDI, TQ: SONDUR, DIST: BELLARY. SINCE PETITIONERS NO.2 TO 6 ARE MINORS THEY ARE REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN APPELLANT NO.1

7. SRI PEER S/O. KHASIMSAB, LORRY OWNER BEARING NO.KA-35/5352, R/O: PARAVATI NAGAR, CAMP, UBBALGANDI, TQ: SONDUR, DIST: BELLARY. SINCE DECEASED BY HIS LR’S - 6 - NC: 2025:KHC-D:1422 MFA No. 23641 of 2011 C/W MFA No. 23449 of 2011 MFA No. 23639 of 2011 MFA No. 23640 of 2011 MFA No. 23642 of 2011 MFA No. 23643 of 2011 MFA No. 23644 of 2011 7(a) PINJARI PEERAMMA W/O. K. PEERA SAB, AGED ABOUT 50 YEARS, R/O: PARVATHI NAGAR, NEAR GALAMMA TEMPLE, KMP CAMP, UBBALGUNDI, RAJAPUAR POST, SANDUR TALUK, BALLARI DIST. 7(b) SHEKSHAVALI S/O. K. PEERA @ PEERASAB, ABOUT 35 YEARS, R/O: PARVATHI NAGAR, NEAR GALAMMA TEMPLE, KMP CAMP, UBBALGUNDI, RAJAPUAR POST, SANDUR TALUK, BALLARI DIST. 7(c) BIBEE D/O. K. PEERA @ PEERASAB MARRIED W/O. VANNURSAB, AGE: MAJOR, R/O: NEAR IMMA KASIM DARGA, BIMMAGANUR-583113. 7(d) PINJARI BADESAB S/O. K. PEERA @ PEERASAB, AGED ABOUT 29 YEARS, R/O: PARVATHI NAGAR, NEAR GALAMMA TEMPLE, KMP CAMP, UBBALGUNDI, RAJAPUAR POST, SANDUR TALUK, BALLARI DIST. 7(e) PINJARI FATHIMABI D/O. K. PEERA @ PEERASAB, AGED ABOUT 28 YEARS, MARRIED W/O. SHEKSHAVALI, LORRY OWNER BEARING REGN. NO.KA-35/C-9720, R/O: TARANAGAR, SANDUR TALUK, BALLARI DISTRICT. 7(f) PINJARI VANNURSAB S/O. K. PEERA @ PEERASAB, AGED ABOUT 26 YEARS, R/O. PARVATHI NAGAR, - 7 - NC: 2025:KHC-D:1422 MFA No. 23641 of 2011 C/W MFA No. 23449 of 2011 MFA No. 23639 of 2011 MFA No. 23640 of 2011 MFA No. 23642 of 2011 MFA No. 23643 of 2011 MFA No. 23644 of 2011 NEAR GALAMMA TEMPLE, KMP CAMP, UBBALGUNDI, RAJAPUAR POST, SANDUR TALUK, BALLARI DIST. RESPONDENTS (BY SRI Y. LAKSHMIKANT REDDY, ADVOCATE FOR R1; (R2 TO R6 ARE MINORS REPRESENTED BY R1) NOTICE TO R7(A), (B), (D), (E) AND (F) ARE SERVED; R7(C)-NOTICE HELD SUFFICIENT) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30 OF THE WORKMEN’S COMPENSATION ACT, 1923, PLEASED TO SET ASIDE THE JUDGMENT AND AWARD DATED 21.01.2011, PASSED BY THE COMMISSIONER FOR WORKMEN’S COMPENSATION, SUB DIVISION NO.2, BELLARY IN WCA.F NO.97/2007, ALLOWING THE APPEAL AND ETC., IN M.F.A. NO.23640 OF 2011 BETWEEN THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., BELLARY REPRESENTED BY ITS ASSISTANT MANAGER, R.O. HUBLI. (BY SMT. SHARMILA M. PATIL, ADVOCATE) AND

1. SMT. BHOYA NAGAMMA W/O. LATE BHOYA HANUMANTHAPPA, AGE: 35 YEARS, OCC: HOUSEHOLD, R/O: PARVATINAGAR CAMP, UBBALGANDI, TQ: SONDUR, DIST: BELLARY.

2. SRI BADA TAMMAYYA S/O. BADA TIMMAYYA, AGE: 64 YEARS, OCC: NILL, R/O: PARVATINAGAR CAMP, UBBALGANDI, TQ: SONDUR, DIST: BELLARY. ...APPELLANT - 8 - NC: 2025:KHC-D:1422 MFA No. 23641 of 2011 C/W MFA No. 23449 of 2011 MFA No. 23639 of 2011 MFA No. 23640 of 2011 MFA No. 23642 of 2011 MFA No. 23643 of 2011 MFA No. 23644 of 2011

3. SRI TIPPESWAMY S/O. LATE BHOYA HANUMANTHAPPA, AGE: 22 YEARS, OCC: STUDENT, R/O: PARVATINAGAR CAMP, UBBALGANDI, TQ: SONDUR, DIST: BELLARY.

4. SRI PEER S/O. KHASIMSAB, OWNER OF LORRY BEARING NO.KA-35/5352, R/O: PARVATI NAGAR CAMP, UBBALGANDI, TQ: SANDUR, DIST: BELLARY. RESPONDENTS (BY SRI Y. LAKSHMIKANT REDDY, ADVOCATE FOR R1; R2 AND R3-NOTICE HELD SUFFICIENT; NOTICE TO R4 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF THE WORKMEN’S COMPENSATION ACT 1923, SET ASIDE THE JUDGMENT AND AWARD DATED 21.01.2011, PASSED BY THE COMMISSIONER FOR WORKMEN’S COMPENSATION, SUB DIVISION NO.2, BELLARY IN WCA.F NO.123/2007 ALLOWING THE APPEAL AND ETC., IN M.F.A. NO.23642 OF 2011 BETWEEN THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., BELLARY REPRESENTED BY ITS ASSISTANT MANAGER, R.O. HUBLI. (BY SMT. SHARMILA M. PATIL, ADVOCATE) AND

1. SRI KUMAR S/O. GAVISIDDAPPA, AGE: 24 YEARS, OCC: EX. LOADER, R/O: HULIGI, TQ. AND DIST. KOPPAL.

2. SRI PEER S/O. KASHIMSAB, OWNER OF LORRY BEARING NO.KA-35/5352, ...APPELLANT - 9 - NC: 2025:KHC-D:1422 MFA No. 23641 of 2011 C/W MFA No. 23449 of 2011 MFA No. 23639 of 2011 MFA No. 23640 of 2011 MFA No. 23642 of 2011 MFA No. 23643 of 2011 MFA No. 23644 of 2011 R/O. UBBALGANDI VILLAGE, TQ. SANDUR, DIST. BELLARY. SINCE DECEASED BY HIS LR’S 2(A) PINJARI PEERAMMA W/O. K. PEERA SAB, AGED ABOUT 50 YEARS, R/O: PARVATHI NAGAR, NEAR GALAMMA TEMPLE, KMP CAMP, UBBALGUNDI, RAJAPUAR POST, SANDUR TALUK, BALLARI DIST. 2(B) SHEKSHAVALI S/O. K. PEERA @ PEERASAB, ABOUT 35 YEARS, R/O: PARVATHI NAGAR, NEAR GALAMMA TEMPLE, KMP CAMP, UBBALGUNDI, RAJAPUAR POST, SANDUR TALUK, BALLARI DIST. 2(C) BIBEE D/O. K. PEERA @ PEERASAB MARRIED W/O. VANNURSAB, AGE: MAJOR, R/O: NEAR IMMA KASIM DARGA, BIMMAGANUR-583113. 2(D) PINJARI BADESAB S/O. K. PEERA @ PEERASAB, AGED ABOUT 29 YEARS, R/O: PARVATHI NAGAR, NEAR GALAMMA TEMPLE, KMP CAMP, UBBALGUNDI, RAJAPUAR POST, SANDUR TALUK, BALLARI DIST. 2(E) PINJARI FATHIMABI D/O. K. PEERA @ PEERASAB, AGED ABOUT 28 YEARS, MARRIED W/O. SHEKSHAVALI, - 10 - NC: 2025:KHC-D:1422 MFA No. 23641 of 2011 C/W MFA No. 23449 of 2011 MFA No. 23639 of 2011 MFA No. 23640 of 2011 MFA No. 23642 of 2011 MFA No. 23643 of 2011 MFA No. 23644 of 2011 LORRY OWNER BEARING REGN. NO.KA-35/C-9720, R/O: TARANAGAR, SANDUR TALUK, BALLARI DISTRICT. 2(F) PINJARI VANNURSAB S/O. K. PEERA @ PEERASAB, AGED ABOUT 26 YEARS, R/O. PARVATHI NAGAR, NEAR GALAMMA TEMPLE, KMP CAMP, UBBALGUNDI, RAJAPUAR POST, SANDUR TALUK, BALLARI DIST. (BY SRI Y. LAKSHMIKANT REDDY, ADVOCATE FOR R1; NOTICE TO R2(A), (B), (D), (E) AND (F) ARE SERVED; R2(C)-NOTICE HELD SUFFICIENT) RESPONDENTS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30 OF THE WORKMEN’S COMPENSATION, ACT 1923, PLEASED TO SET ASIDE THE JUDGMENT AND AWARD DATED 30.11.2010, PASSED BY THE COMMISSIONER FOR WORKMEN’S COMPENSATION, KOPPAL IN WCA. NO.482/2006 ALLOWING THE APPEAL AND ETC., IN M.F.A. NO.23643 OF 2011 BETWEEN THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., BELLARY, REPRESENTED BY ITS ASSISTANT MANAGER, R.O, HUBLI. (BY SMT. SHARMILA M. PATIL, ADVOCATE) AND

1. SRI SUNKANNA S/O. URUKUNDDAPPA, AGE: 33 YEARS, OCC: EX. LOADER, R/O: HULAGI, TQ: AND DIST: KOPPAL. ...APPELLANT - 11 - NC: 2025:KHC-D:1422 MFA No. 23641 of 2011 C/W MFA No. 23449 of 2011 MFA No. 23639 of 2011 MFA No. 23640 of 2011 MFA No. 23642 of 2011 MFA No. 23643 of 2011 MFA No. 23644 of 2011

2. SRI PEER S/O. KASHIMSAB, OWNER OF LORRY BEARING NO.KA-35/5352, R/O: UBBALGANDI VILLAGE, TQ: SANDUR, DIST: BELLARY. SINCE DECEASED BY HIS LR’S 2(A) PINJARI PEERAMMA W/O. K. PEERA SAB, AGED ABOUT 50 YEARS, R/O: PARVATHI NAGAR, NEAR GALAMMA TEMPLE, KMP CAMP, UBBALGUNDI, RAJAPUAR POST, SANDUR TALUK, BALLARI DIST. 2(B) SHEKSHAVALI S/O. K. PEERA @ PEERASAB, ABOUT 35 YEARS, R/O: PARVATHI NAGAR, NEAR GALAMMA TEMPLE, KMP CAMP, UBBALGUNDI, RAJAPUAR POST, SANDUR TALUK, BALLARI DIST. 2(C) BIBEE D/O. K. PEERA @ PEERASAB MARRIED W/O. VANNURSAB, AGE: MAJOR, R/O: NEAR IMMA KASIM DARGA, BIMMAGANUR-583113. 2(D) PINJARI BADESAB S/O. K. PEERA @ PEERASAB, AGED ABOUT 29 YEARS, R/O: PARVATHI NAGAR, NEAR GALAMMA TEMPLE, KMP CAMP, UBBALGUNDI, RAJAPUAR POST, SANDUR TALUK, BALLARI DIST. 2(E) PINJARI FATHIMABI D/O. K. PEERA @ PEERASAB, - 12 - NC: 2025:KHC-D:1422 MFA No. 23641 of 2011 C/W MFA No. 23449 of 2011 MFA No. 23639 of 2011 MFA No. 23640 of 2011 MFA No. 23642 of 2011 MFA No. 23643 of 2011 MFA No. 23644 of 2011 AGED ABOUT 28 YEARS, MARRIED W/O. SHEKSHAVALI, LORRY OWNER BEARING REGN. NO.KA-35/C-9720, R/O: TARANAGAR, SANDUR TALUK, BALLARI DISTRICT. 2(F) PINJARI VANNURSAB S/O. K. PEERA @ PEERASAB, AGED ABOUT 26 YEARS, R/O. PARVATHI NAGAR, NEAR GALAMMA TEMPLE, KMP CAMP, UBBALGUNDI, RAJAPUAR POST, SANDUR TALUK, BALLARI DIST. (NOTICE TO R2(A), (B), (D), (E) AND (F) ARE SERVED; R2(C)-NOTICE HELD SUFFICIENT) RESPONDENTS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30 OF THE WORKMEN’S COMPENSATION, ACT 1923, PLEASED TO SET ASIDE THE JUDGMENT AND AWARD DATED 30.11.2010, PASSED BY THE COMMISSIONER FOR WORKMEN’S COMPENSATION, KOPPAL IN WCA. NO.483/2006 ALLOWING THE APPEAL AND ETC., IN M.F.A. NO.23644 OF 2011 BETWEEN THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., BELLARY REPRESENTED BY ITS R.O. HUBLI. (BY SMT. SHARMILA M. PATIL, ADVOCATE) ...APPELLANT - 13 - NC: 2025:KHC-D:1422 MFA No. 23641 of 2011 C/W MFA No. 23449 of 2011 MFA No. 23639 of 2011 MFA No. 23640 of 2011 MFA No. 23642 of 2011 MFA No. 23643 of 2011 MFA No. 23644 of 2011 AND

1. SRI RAMESH S/O. DODDABASAPPA, AGE: 23 YEARS, OCC: EX DRIVER, R/O: MUNIRABAD, TQ. AND DIST: KOPPAL.

2. SRI PEER S/O. KASHIMSAB, OWNER OF LORRY BEARING NO.KA-35/5352, R/O: UBBALGANDI VILLAGE, TQ: SANDUR, DIST: BELLARY. SINCE DECEASED BY HIS LR’S 2(A) PINJARI PEERAMMA W/O. K. PEERA SAB, AGED ABOUT 50 YEARS, R/O: PARVATHI NAGAR, NEAR GALAMMA TEMPLE, KMP CAMP, UBBALGUNDI, RAJAPUAR POST, SANDUR TALUK, BALLARI DIST. 2(B) SHEKSHAVALI S/O. K. PEERA @ PEERASAB, ABOUT 35 YEARS, R/O: PARVATHI NAGAR, NEAR GALAMMA TEMPLE, KMP CAMP, UBBALGUNDI, RAJAPUAR POST, SANDUR TALUK, BALLARI DIST. 2(C) BIBEE D/O. K. PEERA @ PEERASAB MARRIED W/O. VANNURSAB, AGE: MAJOR, R/O: NEAR IMMA KASIM DARGA, BIMMAGANUR-583113. 2(D) PINJARI BADESAB S/O. K. PEERA @ PEERASAB, AGED ABOUT 29 YEARS, R/O: PARVATHI NAGAR, - 14 - NC: 2025:KHC-D:1422 MFA No. 23641 of 2011 C/W MFA No. 23449 of 2011 MFA No. 23639 of 2011 MFA No. 23640 of 2011 MFA No. 23642 of 2011 MFA No. 23643 of 2011 MFA No. 23644 of 2011 NEAR GALAMMA TEMPLE, KMP CAMP, UBBALGUNDI, RAJAPUAR POST, SANDUR TALUK, BALLARI DIST. 2(E) PINJARI FATHIMABI D/O. K. PEERA @ PEERASAB, AGED ABOUT 28 YEARS, MARRIED W/O. SHEKSHAVALI, LORRY OWNER BEARING REGN. NO.KA-35/C-9720, R/O: TARANAGAR, SANDUR TALUK, BALLARI DISTRICT. 2(F) PINJARI VANNURSAB S/O. K. PEERA @ PEERASAB, AGED ABOUT 26 YEARS, R/O. PARVATHI NAGAR, NEAR GALAMMA TEMPLE, KMP CAMP, UBBALGUNDI, RAJAPUAR POST, SANDUR TALUK, BALLARI DIST. (BY SRI Y. LAKSHMIKANT REDDY, ADVOCATE FOR R1; R2(A) TO (F)-NOTICE HELD SUFFICIENT) RESPONDENTS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30 OF THE WORKMEN’S COMPENSATION, ACT 1923, PLEASED TO SET ASIDE THE JUDGMENT AND AWARD DATED 30.11.2010, PASSED BY THE WCC KOPPAL IN WCA. NO.480/2006 ALLOWING THE APPEAL AND ETC., THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: - 15 - NC: 2025:KHC-D:1422 MFA No. 23641 of 2011 C/W MFA No. 23449 of 2011 MFA No. 23639 of 2011 MFA No. 23640 of 2011 MFA No. 23642 of 2011 MFA No. 23643 of 2011 MFA No. 23644 of 2011 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though these appeals are listed for orders, with consent of both the learned counsels appearing for the parties, the matters are taken up for final disposal.

2. MFA Nos.23644, 23641, 23642, 23643, 23639 and 23640 of 2011 are filed by the insurance company challenging the orders and awards dated 30.11.2010,

21.01.2011 passed in WC Nos.480, 481, 482 and 483 of 2006 and WCA Nos.97 and 123 of 2007 by the Commissioner for workmen’s Compensation, Koppal and Ballari, on the ground that the deceased and other injured employees were not employees under the employment of the owner of the Tipper lorry bearing Reg.No.KA-35/5352. Therefore, the claim petitions filed under the provisions of the Employees Compensation Act, 1923 are not maintainable.

3. Whereas, MFA No.23449/2011 is filed by the claimant seeking enhancement of compensation for the - 16 - NC: 2025:KHC-D:1422 MFA No. 23641 of 2011 C/W MFA No. 23449 of 2011 MFA No. 23639 of 2011 MFA No. 23640 of 2011 MFA No. 23642 of 2011 MFA No. 23643 of 2011 MFA No. 23644 of 2011 injuries sustained in a road traffic accident that occurred on

01.06.2005. The injured claimants and legal heirs of deceased have stated that they were going as employees under the employment of respondent No.2/owner of the tipper lorry bearing Reg.No.KA-35/5352; the Tipper lorry met with an accident and the claimants who were sitting on the tipper lorry, sustained injures and two of them died out of and in the course of employment. Therefore, with these averments claim petitions were filed under the provisions of the Workmen’s Compensation Act, 1923 (hereinafter referred to as ‘the WC Act’, for short) claiming compensation with pleading that there was jural relationship of employer and employee between the claimants and the owner of the tipper lorry.

4. Learned Commissioner after appreciating the evidence on record has held that the claimants and other two deceased were employees under respondent No.2/owner of - 17 - NC: 2025:KHC-D:1422 MFA No. 23641 of 2011 C/W MFA No. 23449 of 2011 MFA No. 23639 of 2011 MFA No. 23640 of 2011 MFA No. 23642 of 2011 MFA No. 23643 of 2011 MFA No. 23644 of 2011 tipper lorry bearing Reg.No.KA35/5352, hence, awarded compensation under ‘the WC Act’.

5. Learned counsel the appellant/insurance company submitted that the claimants and another two deceased were not employees under respondent No.2/owner of tipper lorry. All these were travelling in the tipper lorry as gratuitous passengers in order to go to Durga Honnur village to attend religious function at darga, as it is revealed from the complaint/FIR. Therefore, there is no jural relationship of employer and employee between respondent No.2/owner of tipper lorry and the claimants. Hence, submitted that the claim petitions are not maintainable and awarding compensation is not correct. Hence prays to allow the appeal by setting aside the order and award passed by the learned Commissioner.

6. On the other hand, learned counsel for the respondents/claimants and claimant in MFA No.23644/2011, who has filed appeal seeking enhancement of compensation - 18 - NC: 2025:KHC-D:1422 MFA No. 23641 of 2011 C/W MFA No. 23449 of 2011 MFA No. 23639 of 2011 MFA No. 23640 of 2011 MFA No. 23642 of 2011 MFA No. 23643 of 2011 MFA No. 23644 of 2011 submitted that the claimants have pleaded in the claim statement that they were working as loaders/hamali under the employment of the owner of the tipper lorry. Further, this fact is admitted by the owner of the tipper lorry in his written statement. Therefore, from these pleadings in the claim petition as well as in the written statement, it is proved that the claimants and two other deceased were working as loaders/hamalies accordingly, compensation made by the learned Commissioner is just and proper. Hence, prayed to dismiss the appeals filed by the insurance company and enhance the compensation awarded by the learned Commissioner by allowing the appeal filed by the claimant in MFA No.23655/2011.

7. The accident occurred on 01.06.2005 at the near Obalapuram Excise Check Post since the tipper lorry was toppled down due to rash and negligent driving by driver of tipper lorry. Ex.P-1 is the FIR, which is in Telugu language and its translated Kannada copy is produced as per Ex.P-4. - 19 - NC: 2025:KHC-D:1422 MFA No. 23641 of 2011 C/W MFA No. 23449 of 2011 MFA No. 23639 of 2011 MFA No. 23640 of 2011 MFA No. 23642 of 2011 MFA No. 23643 of 2011 MFA No. 23644 of 2011 Upon perusing the FIR, it is proved that all the injured claimants and other two deceased were travelling in the tipper lorry from Ubbalagandi darga towards Honnur to attend religious function scheduled at darga of Honnur. The tipper lorry was being driven by one Ramesh S/o. Doddabasappa, who is claimant in WCA No.480/2006. Therefore, except this Ramesh S/o. Doddabasappa, others were travelling as gratuitous passengers in the tipper lorry. The claimants might have stated in their claim petition that these injured and other two deceased had been working as loaders/hamalies under the employment of respondent No.2/owner of tipper lorry and respondent No.2 might have pleaded in the written statement that these injured claimants and two deceased were working as loaders/hamalies, but that is not substantiated by any other evidence. Therefore, in these type of cases, documentary evidence cannot be expected for proving that the injured claimants and other two deceased were working as loaders/hamalies, but there shall be some prima facie and probable evidence to consider - 20 - NC: 2025:KHC-D:1422 MFA No. 23641 of 2011 C/W MFA No. 23449 of 2011 MFA No. 23639 of 2011 MFA No. 23640 of 2011 MFA No. 23642 of 2011 MFA No. 23643 of 2011 MFA No. 23644 of 2011 even at a minimal level the injured claimants and two other deceased were working as loaders/hamalies in the tipper lorry. At very initial point of time the cleaner has stated in the FIR that all they were going to darga of Honnur to attend religious function at darga in the said Village. This falsifies the case of the claimants and pleading in the written statement filed by the owner of tipper lorry. Therefore, the claimants have failed to prove that they were working as loaders under the employment of respondent No.2/owner of tipper lorry. Learned commissioner has not found any evidence regarding how these claimants were employees under respondent Nol.2/owner of the Tipper lorry.

8. Just because the claimants have stated that they were working as loaders/hamalies and the owner of the tipper lorry stated in his written statement that they were working under him as loaders/hamalies, that cannot be accepted without their being any prima facie corroborative and probable evidence to believe their case. Therefore, in the - 21 - NC: 2025:KHC-D:1422 MFA No. 23641 of 2011 C/W MFA No. 23449 of 2011 MFA No. 23639 of 2011 MFA No. 23640 of 2011 MFA No. 23642 of 2011 MFA No. 23643 of 2011 MFA No. 23644 of 2011 present case, it is not proved that the claimants and other two deceased were working as loaders/hamalies in the said tipper lorry. Therefore, the claim petitions are not maintainable, except in the case of WCA No.480/2006. Hence, the award of compensation made by the learned Commissioner except in the case of WCA No.480/2006 are liable to be set aside. Therefore, the appeals filed by the insurance company are liable to be allowed except in the case of MFA No.23644/2011. IN MFA No.23644/2011

9. In WCA No.480/2006, is proved FIR/complaint that one Ramesh S/o. Doddabasappa was driving the tipper lorry; therefore, it is proved that he was working as driver under respondent No.2/owner of tipper lorry. Hence, this case is considered whether, is there any ground for making enhancement of compensation in MFA No.23449/2011. Therefore, the order and award passed by the learned Commissioner in other cases except WCA - 22 - NC: 2025:KHC-D:1422 MFA No. 23641 of 2011 C/W MFA No. 23449 of 2011 MFA No. 23639 of 2011 MFA No. 23640 of 2011 MFA No. 23642 of 2011 MFA No. 23643 of 2011 MFA No. 23644 of 2011 No.480/2006 is hereby set aside and Ramesh is awarded just compensation and he is proved to be employee under the employment of respondent No.2/owner of tipper lorry. Therefore, the Insurance Company appeal so far as against this Ramesh is liable to be dismissed.

10. So far as in respect of injured claimants and other two deceased claimants are concerned, since it is proved that they were not employees under the employment of respondent No.2/owner of tipper lorry, the appeals in MFA Nos.23641, 23639, 23640, 23642 and 23643 of 2011 are allowed and MFA No.23644/2011 filed by the Insurance Company and MFA No.23449/2011 filed by the claimants are hereby dismissed.

11. Respondent No.2/owner of the tipper lorry is no more now and his legal heirs were brought on record and since respondent No.2 had admitted that the injured claimants and two other deceased were working under him - 23 - NC: 2025:KHC-D:1422 MFA No. 23641 of 2011 C/W MFA No. 23449 of 2011 MFA No. 23639 of 2011 MFA No. 23640 of 2011 MFA No. 23642 of 2011 MFA No. 23643 of 2011 MFA No. 23644 of 2011 as loaders/hamalies, therefore, on his admission legal heirs of respondent No.2 shall pay compensation to the claimants.

12. Hence, I proceed to pass the following: ORDER i. The appeals filed by the Insurance Company in MFA Nos.23641, 23639, 23640, 23642, and 23643 of 2011 are allowed. ii. The appeal filed by the Insurance Company in MFA No.23644/2011 and the appeal filed by the claimants in MFA No.23449/2011 are dismissed. iii. The orders and awards dated 30.11.2010,

21.01.2011 passed in WC Nos.480, 481, 482 and 483 of 2006 and WCA Nos.97 and 123 of 2007 by the Commissioner for workmen’s Compensation, Koppal and Ballari are hereby set aside. iv. The amount in deposit in MFA No.23644/2011 shall be transmitted to the tribunal disbursement. v. No order as to costs. vi. Amount in deposit made by the insurance company shall be refunded to the insurance - 24 - NC: 2025:KHC-D:1422 MFA No. 23641 of 2011 C/W MFA No. 23449 of 2011 MFA No. 23639 of 2011 MFA No. 23640 of 2011 MFA No. 23642 of 2011 MFA No. 23643 of 2011 MFA No. 23644 of 2011 company except the case of MFA No.23644/2011 (WCA No.480/2010). vii. Send back the trial Court records along with a copy of this judgment. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 1