MOHAMMAD NAWAZ, J.

1. The appellant has preferred this appeal against the Order dated 01.09.2009, passed by the Labour Officer and Commissioner for Workmen s Compensation [Commissioner for brevity], Chitradurga, in Case No. KAA ACHI/KANAPA/N.F/CR/379/2004 dated 01.09.2009, whereby a sum of Rs. 1,41,120/- was awarded as compensation for the injuries sustained by him and liability was fastened on the 1st respondent i.e., the owner of the tractor and trailer bearing reg. No.KA-16/930-T-373.

2. I have heard the learned counsel for the appellant and the learned counsel appearing for respondent Nos.1 and 2.

3. The brief facts leading to filing of the present appeal are that;

The 1st respondent is the owner of the tractor and trailer bearing reg. No.KA-16/930-T-373. One G.R. Kiran is the driver of the said tractor and trailer and he was employed under the 1st respondent. The appellant herein claims to be a coolie working under the 1st respondent. He was being paid a sum of Rs. 4,500/- p.m. as salary and Rs. 30/- p.d. as batta.

On 05.11.2003, at about 2.30 p.m., the appellant was proceeding in the said tractor and trailer for the purpose of loading onion. When the tractor and trailer