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2021 Supreme(Kar) 1011

NATARAJ RANGASWAMY
Divisional Manager, M/s. National Insurance Co. Ltd. – Appellant
Versus
Shanker S/o Kanappa – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. Sudarshan M. Advocate
For the Respondent: Sri. B.C Jaka, Adv.

JUDGMENT :

These appeals are filed by the insurer challenging the judgment and award passed by the Labour Officer and Commissioner for Workmen's Compensation, Raichur (henceforth referred to as 'Commissioner') dated 27.12.2012 in case WCA/CR/NO.43 to 46/2011.

2. The records before the Commissioner discloses that the claimants were all engaged as cleaner and loaders in a vehicle owned by the respondent No.2 herein bearing Reg.No.TN-28-H-1629 (henceforth referred to as 'offending vehicle'). It is stated that the respondent No.1 in MFA.No.30381/2013 who was employed as cleaner was paid a sum of Rs.4,000/- as monthly salary while other claimants who are employed on daily wages were paid Rs.150/- per day. On 15.05.2004, on instructions of the respondent No.2 the claimants were in the offending vehicle from Hospet to Chitradurga. At about 05.30 a.m., the driver of the offending vehicle who drove it in a rash and negligent manner, dashed against a Tata Sumo bearing Reg.No.KA-04-A-7840. The claimants suffered injuries and were taken to Govt. Hospital for treatment and later were treated

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