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2010 Supreme(Kar) 967

ARAVIND KUMAR
The New India Assurance Co Ltd. – Appellant
Versus
Rudrappa – Respondent


Advocates Appeared:
For the Appellant:V.R. Datar, Advocate.
For the Respondents:R1 Y. Lakshmikant Reddy, Advocate.

Judgment :

1. These appeals are by the insurer questioning the correctness and legality of the order and award passed in WCA Nos. 266/2004 to 271/2004 dated 27.01.2005.

2. The facts in nut-shell leading to filing of these appeals are as under:- On 06.06.2004 the claimants namely driver, cleaner and hamalis respectively were proceeding towards Chirtradurga in a lorry bearing No. GA – 02/T-7057 in the course of their employment after loading sand and on account of collision with an on-coming vehicle from the opposite direction, claimants are said to have sustained injuries, on account of which, six claim petitions came to be filed before Workmen’s Compensation Commissioner seeking compensation. On service of notice, respondents appeared and filed their statement of objections. Respondents No. 1 / employer admitted the relationship of ‘employer’ and ‘employee’ as also the salary paid by him to the driver, cleaner and coolies. It was also admitted by the employer about the concurrence of accident in question and injuries sustained by claimants was in the course of employment.

3. The insurer independently contested the claim petitions and filed detailed statement of objections denying t













































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