JUDGMENT

1. Leave granted.

2. Challenge in this appeal is to the order passed by a learned Single Judge of the Karnataka High Court disposing of an appeal filed under Section 30(1) of Workmen's Compensation Act, 1928 (in short the `Act'). The appellants lodged claim petition claiming compensation in respect of certain persons who had lost their lives. According to the appellants the deceased persons were employed as workmen/labourer in a tractor and trailor combination which was the subject matter of insurance.

When the trailor was being loaded with mud from the quarry, huge quantity of mud had collapsed from the quarry smothering the workmen to death. The Commissioner for Workmen's Compensation (in short the `Commissioner') held that the accident had taken place during and in the course of the employment and since the vehicle has been used for purposes of loading, the Oriental Insurance Company Ltd. were liable to indemnify the award made. The Insurer challenged the correctness of the award taking the stand that the liability of the insurer arises on account of death on a bodily injury arising out of the use of the vehicle and in the present case the admitted circumstances indicate