JUDGMENT :

This appeal is filed challenging the Judgment and award passed in WCF No.59/2009 dated 21.07.2011 on the file of the Labour Officer and Workmen’s Compensation Commissioner, Koppal, District Koppal, questioning the liability fastened on the Insurance company.

2. The factual matrix of the case of the claimants before the Workmen’s Compensation Commissioner is that, the claimants are the legal hears of the deceased Azam Khan, who died in an accident which occurred on 30.01.2008, contending that as per the instructions of the owner i.e. respondent No.4 herein, he was driving the lorry bearing registration No.KA-36/6712 from Kampli to Tumkur to unload the rice bags and after taking dinner on NH-13, the second driver by name Paulraj was driving the same in a rash and negligent manner and when it reached near Mariyammanahalli bye-pass, in order to avoid the accident from oncoming lorry he suddenly applied the brake of the vehicle, due to which the deceased fell down and sustained severe injuries and he succumbed to the accidental injuries. It is claimed that, he was working with respondent No.1 of the claim petition and he was getting salary of Rs.6,000/-per month and the Workmen