JUDGMENT :

This appeal is filed by the Insured challenging the judgment and award dated 24.02.2016, passed in E.C.A.No.80 of 2014 by the Principal Senior Civil Judge and Commissioner for Employees compensation, Hassan (‘the Commissioner’ for short).

2. The factual matrix of the case is that the claimants in E.C.A.No.80 of 2014, have contended that the first respondent i.e., the appellant herein is the owner of Tractor and Trailer bearing registration No.KA-13-T-8974-8975. The deceased Malleshagowda was working as loader and unloader under respondent No.1 from the last six months and as per the direction of respondent No.1, on 23.02.2011, Malleshagowda and one Santhosh went to the land of respondent No.1 to load sugarcane.

3. It is also their claim that at about 1:30 p.m., near Yagachi Canal, Gundashettihalli Village, Salagame Hobli, the driver of Tractor and Trailer drove the vehicle in a rash and negligent manner, as a result, the Tractor toppled inside Yagachi canal. Due to the said accident, the said Malleshagowda fell down and sustained grievous injuries and succumbed at the spot.

4. It is also their claim that the death of Malleshagowda is during the course of his employment under