JUDGEMENT

MFA.No.20228/2013 is filed by the Insurance Company and MFA.CROB.No.100007/2023 is filed by the claimants, being aggrieved by the judgment and award dated 02.02.2011 passed in WCA.No.223/2009 by the learned Labour Officer & Commissioner for Workmen’s Compensation, Haveri (for short, ‘Commissioner’).

2. Heard Sri.S.S.Koliwad, learned counsel appearing for the Insurance Company and Sri.P.G.Chikkanaragund, learned counsel appearing for the claimants.

3. Learned counsel appearing for the Insurance Company submits that the Commissioner has committed error in directing the appellant/Insurance Company to pay the compensation as there is no employer and employee relationship between the deceased and the respondent No.3. It is further submitted that the policy is very clear that the risk of a coolie is not covered under it as the owner of the tractor-trailer has not paid additional premium. It is further submitted that the tractor-trailer was used for the commercial purpose and at the time of loading the Nilgiri logs, the accident took place and one Bheemanagouda/employee succumbed to the injuries. It is further submitted that the Commissioner has assessed the income of the deceased