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2007 Supreme(Bom) 1527

V.R.KINGAONKAR
United India Insurance Co. Ltd. – Appellant
Versus
Janabai w/o Govind Rathod – Respondent


Advocates:
Advocate Appeared
Mr.A.B.Gatne, Advocate for the appellant
Mr.B.R.Warma, Advocate for respondent No.1
Mr.V.M.Maney, Advocate for respondent No.2
Mr.A.S.Osmanpurkar Advocate appearing for
Mr.K.V.Kulkarni, Advocate for respondent No.3

JUDGMENT :

1. Group of a dozen of these appeals is being disposed of by this common Judgment inasmuch as they are intertwined and involve common questions of facts and law. Half dozen of these appeals are preferred by the New India Insurance Company (For short - N.I.I.Co.) and half of them are by the United India Insurance Co.Ltd. (For short - U.I.I.Co.). Both the insurers challenge awards rendered under provision of Section 3 of the Workmen’s Compensation Act (8 of 1923) (For short - W.C.Act).

2. U.I.I.Co. is insurer for tractor vehicle bearing No.MH-22-B-6908. N.I.I.Co. is insurer for trolley/trailer No.MH-23-C-8296. The tractor and the trolley are owned by respondent - Dnyanoba.

3. The incident giving rise to six claim petitions occurred on January 14, 1991. The tractor with the attached trolley were sent for to fetch clay from an earthen fortress of village Dighol- Islampur. The said work was assigned to the employees by the vehicle owner - Dnyanoba. The tractor and the trolley were parked in the proximity of earthen fortress (Gadhi). Six labours were engaged in excavating earth at the rampart whereas, driver - Deelip was standing at a short distance. All of a sudden, the rampar










































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