1. Before the Commissioner for Workmens’ Compensation, Bagalkot, totally 5 claimants filed claim petitions bearing Nos.WCA.NF.194/2005, 195/2005, 196/2005 & 197/2005. The appellant herein was the respondent insurer, the respondents 1 to 4 herein were the claimants and the 5th respondent herein was the respondent insured before the Commissioner. The contentions are that one of the respondent by name Mr.Venkappa was the owner of the tractor-trailer bearing No.KA.24/t-2863-2864. The respondents/claimants claimed to be working as coolies under the said owner.

According to them on 23.9.2005 as per the directions of the employer-cum-owner of the tractor-trailer in question, travelled in the said tractor-trailer as coolies under him to fence stones on the ridge of the land of the employer. While they were travelling along with the fencing stones, when they reached the Budni K.D. village, because of a ditch, the tractor-trailer along with coolies fell into the ditch. As a result, all of them sustained grievous injuries. They were all first taken to primary Heath Centre at Hoskote and then to a specialist at Mudhol. According to them, the injuries sustained by them have resulted