JUDGMENT

Dalveer Bhandari, J.

1. Leave granted.

2. This appeal emanates from the judgment and final order dated 25.10.2005 passed by the High Court of Karnataka at Bangalore in M.F.A. No.5843/2003 (WC) and M.F.A. No.5844/2003 (WC).

3. Brief facts which are relevant to dispose of this appeal are recapitulated as under: The claimants-respondents in M.F.A. No.5843 of 2003 are the legal representatives of one Bapusab Nadaf and the claimants-respondents in M.F.A. No.5844 of 2003 are the legal representatives of Basappa Gurappa Hipparagi, who were workmen engaged in uploading Maize (foodgrain) from a tractor- trailer. When Maize was being unloaded from the tractor to an underground storage bin ('Hagevu'), both the labourers climbed the grocery pit in order to clean the same for storing Maize and while cleaning they fell into the grocery pit. They shouted from inside that they were suffocating, a rope was released to them but they did not catch it and they died due to asphyxia. These facts are not disputed.

4. The learned counsel for the appellants submitted that the Insurance Company has clear responsibility for this accident and the Insurance Company is liable and under an obligation to