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2003 Supreme(Kar) 530

K.L.MANJUNATH
ORIENTAL INSURANCE CO. LTD. , REP. BY ADMINISTRATIVE OFFICER, BANGALORE – Appellant
Versus
THIPPESWAMY – Respondent


Advocates:
A.M.VENKATESH, G.R.Jayanna

MANJUNATH, J.

( 1 ) THESE two appeals are arising out of a common order passed by the Commissioner for Workmen's Compensation, Chitradurga. R- 1 in these two appeals are the claimants before the Commissioner. According to them, they were working as loaders an un-loaders in the tractor of R-2 on 27. 2. 2000 and that they have sustained certain injuries in road traffic accident. According to them, immediately after the accident they were taken to PHC Hiriyur. Thereafter, they were shifted to District Hospital, Chitradurga for better treatment. It is contended by the claimants that they were transporting size stones in order to construct farm house of their employer who is the owner of the tractor and trailer. Appellant/insurance company resisted the claim petition. Commissioner after recording the evidence of the claimants and also Dr. Shivanna Reddy who has issued the disability certificate in favour of the claimants held that the accident was occurred during the course of employment and further held that the claimants were entitled for compensation of Rs. 1,28,844-00 and rs. 58,565-00 with interest at 12% p. a. Being aggrieved by the award of the commissioner, insurance company has










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