KARNATAKA HIGH COURT
THE NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
SRI. RAMACHANDRA LAKKAPPA KHANGAR – Respondent
CAV JUDGMENT
(PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA)
1. All these appeals are filed by the respondent No.2-insurer challenging the award passed by the Labour Commissioner and the Commissioner appointed under the Workmen's Compensation Act, 1923 (for short, ‘Labour Commissioner’) in Case Nos.75/2008, 76/2008 and 77/2008 dated 06.09.2010 and award passed in W.C.Nos.68/2010, 70/2010 and 71/2010 decided on 13.03.2012.
2. The Labour Commissioner decided these six cases in two groups. First group is of the year 2008 i.e., Case Nos.75/2008, 76/2008 and 77/2008. These three cases are disposed off by common award dated 06.09.2010 and W.C. Case Nos.68/2010, 70/2010 and 71/2010 were decided by common judgment and award dated 13.03.2012. All these six cases arise out of common accident dated 07.06.2006. Therefore all these appeals are taken up together for disposal.
3. Parties are referred to as per their rankings before the Labour Commissioner.
4. These appeals are admitted to consider following substantial questions of law.
i. Whether the Labour Commissioner is justified in holding that there exists relationship of employer and employee between claimants and deceased Siddappa Banger as well
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