JUDGMENT :

P.G.M. Patil, J.

1. The insurer-New India Assurance Company Limited being aggrieved by the judgment and award dated 30.01.2010 passed in W.C.F. No. 131/2007 by the Labour Officer and Commissioner for the Workmen's Compensation (for short ‘Commissioner’) Sub-Division No. 1, Belgaum has filed this appeal.

2. It is the case of the claimants before the Commissioner that the deceased Narayan Shivappa Malade was working as coolie in the Tractor No. MXO 6254 and Trailer No. MH-09-U-169 and MH-09-U-175 belonging to respondent No. 1. The Tractor and trailer was used for transportation of sugarcane to the Sugar Factory.

3. On 17.01.2007, the deceased was traveling in the tractor trailer unit as Hamal/Coolie as per the instructions of respondent No. 1. On that day, about 3.00 a.m. the said tractor trailer dashed to the bullock cart near Sugar Factory, Kadoli in front of Sriman Hotel. The bullock died on the spot and the deceased was thrown out into the well situated by the side of the road and died.

4. The claimants being the wife, minor son and mother of the deceased filed the claim petition seeking compensation of Rs. 8,00,000/- against the employer and the insurer. They have further