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1993 Supreme(Kar) 131

M.RAMAKRISHNA RAO, S.VENKATARAMAN
NATIONAL INSURANCE CO. LTD, BANGALORE – Appellant
Versus
BALAWWA – Respondent


Advocates:
D.S.Hosmath, JAYAKUMAR S.PATIL, M.S.NARGUND, SITHARAMA RAO

S. VENKATARAMAN, J.

( 1 ) BOTH these appeals arise out of an order dated 27th january, 1992 passed by the commissioner for workmen's compensation, belgaum in cwc. sr. 18/91, awarding a compensation of Rs. 32,6157- as compensation to the widow of one lagma yellappa jathani for the death of her husband lagma on 8-8-1990 in the course of his employment as a coolie under respondents 1 and 2 before the commissioner, who are the owners of a tractor-trailor bearing No. Cra 5534, 5536 and 5537 and directing the respondent 3-insurer to pay the compensation.

( 2 ) M. F. A. 1015 of 1992 is filed by the 3rd respondent-insurance company questioning the correctness of the order directing them to pay the compensation. M. f. a 1602 of 1992 is filed by the petitioner before the commissioner, seeking enhancement of the compensation.

( 3 ) FOR the purpose of convenience the parties will be referred by the rank they held before the commissioner.

( 4 ) THE petitioner claimed compensation before the commissioner on theallegations that her husband was employed as a coolie on the tractor owned by respondents 1 and 2, who are brothers; that when he was unloading stones from the tractor on 8-8-1990 at about































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