JUDGMENT :

This is insurer’s appeal calling in question the legality of the award dated 25.04.2013 in WCA SR No.117/2011 passed by the learned Labour Officer and Commissioner for Workmen’s Compensation, Sub Division II, Belgaum (for short “the Commissioner”).

2. Brief facts are that one Santosh Shama Vittu Kolekar was working as a cleaner in lorry bearing registration No.MH07/793 owned by respondent No.1Sri. Gajanan Kashinath Mayekar and insured with the appellant herein. The claimants are parents and siblings of the deceased. It is stated that on 14.12.2009 while he was proceeding in the said truck, when he reached near Madhukol near Belagavi, he collapsed in the place where he was sitting in the lorry and when he was shifted to the hospital, the medical officer pronounced him dead.

3. During the claim proceedings, respondent No.1 insured filed his written statement admitting all the averments except the wages claimed by the claimants. Respondent No.2 filed its separate written statement and denied any liability to pay the compensation.

4. During the enquiry, claimant No.1 examined himself as P.W.1 and got marked Ex.P.1 to Ex.P.7. Respondents got marked the policy of insurance as Ex.R