MANJUNATH J,

1. The appellant – Insurance Company is questioning the liability saddled on it by the Commissioner for Workmen’s Compensation, Bellary Division, Davanagere, in case No.CWC.BLR/CR-17/2006 dt.5.2.2007.

2. The facts leading to this case are as hereunder:

The respondents-1 to 7 are the legal heirs of one Shivarudrappa who dies in a road traffic accident occurred on 3.1.2005. According to the claimants, he was working under 8th respondent who is the owner of the Tractor-Trailer bearing No.KA.35/T-1025-26. According to them, the deceased while discharging his duties and during the course of his employment under the 8th respondent died in a road traffic accident. On 3.1.2005 the deceased was travelling in the trailer as a loader, which vehicle met with an accident due to rash and negligent driving of the driver near Kademaramma temple, he sustained grievous injuries and succumbed to the injuries while shifting to VIMS Hospital, Bellary.

3. The appellant – Insurance Company contended that the policy issued does not cover the risk of an employee and it is a package policy issued by it and covers the risk of only the Driver and therefore the appellant requested the C