IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 28^th DAY OF JUNE 2021

BEFORE

THE HON’BLE MR. JUSTICE P. KRISHNA BHAT

MFA NO.24452 OF 2013(WC)

C/W

MFA NO.24447 OF 2013(WC)

MFA NO.24448 OF 2013(WC)

MFA NO.24450 OF 2013(WC)

MFA NO.24451 OF 2013(WC)

BETWEEN:

THE BRANCH MANAGER,

NATIONAL INSURANCE COMPANY

LIMITED, BELLARY, REP. BY DEPUTY

MANAGER, NATIONAL INSURANCE COMPANY LTD.,

REGIONAL OFFICE, II FLOOR, ARIHAT PLAZA,

KESHWAPUR, HUBLI.

…COMMON APPELLANT

(BY SRI.S.K. KAYAKAMATH, ADVOCATE)

IN MFA NO.24452/2013

AND:

1.

SHRI. SHIVAPPA S/O MARIMALLAPPA

AGE:38 YEARS, OCC:EX-DRIVER,

R/O MOKA VILLAGE, TQ & DIST:BELLARY.

2.

PONNUR HULIGAPPA S/O P THIMAPPA

AGE:MAJOR, OCC:OWNER OF TRACTOR AND TRAILER

NO.KA-34/T-5569 & 5570, R/O MOKA VILLAGE,

TQ & DIST:BELLARY.

…RESPONDENTS

2

(BY SRI.MANJUNATH G PATIL, ADV. FOR R1) (R2-SERVED)

IN MFA NO.24447/2013

AND:

1.

SHRI.MALLIKARJUNA S/O PARASHURAMAPPA

AGE:34 YEARS, OCC:EX-HAMALI,

R/O MOKA VILLAGE, TQ & DIST:BELLARY.

2.

PONNUR HULIGAPPA S/O P THIMAPPA

AGE:MAJOR, OCC:OWNER OF TRACTOR AND TRAILER

NO.KA-34/T-5569 & 5570, R/O MOKA VILLAGE,

TQ & DIST:BELLARY.

…RESPONDENTS

(BY SRI.MANJUNATH G PATIL, ADV. FOR R1) (R2-SERVED)

IN MFA NO.24448/2013

AND:

1.

SHRI.MALLIKARJUNA S/O SHANKRAPPA

AGE:29 YEARS, OCC:EX-HAMALI,

R/O BENAKALLU VILLAGE, TQ & DIST:BELLARY.

2.

PONNUR HULIGAPPA S/O P THIMAPPA

AGE:MAJOR, OCC:OWNER OF TRACTOR AND TRAILER

NO.KA-34/T-5569 & 5570, R/O MOKA VILLAGE,

TQ & DIST:BELLARY.

…RESPONDENTS

(BY SRI.MANJUNATH G PATIL, ADV. FOR R1) (R2-SERVED)

IN MFA NO.24450/2013

AND:

1.

SHRI.RAMU S/O MALLAPPA

AGE:34 YEARS, OCC:EX-HAMALI,

R/O MOKA VILLAGE, TQ & DIST:BELLARY.

2.

PONNUR HULIGAPPA S/O P THIMAPPA

3

AGE:MAJOR, OCC:OWNER OF TRACTOR AND TRAILER

NO.KA-34/T-5569 & 5570, R/O MOKA VILLAGE,

TQ & DIST:BELLARY.

…RESPONDENTS

(BY SRI.MANJUNATH G PATIL, ADV. FOR R1) (R2-SERVED)

IN MFA NO.24451/2013

AND:

1.

SHRI.MALLIKARJUNA S/O GIDDAPPA

AGE:36 YEARS, OCC:EX-HAMALI,

R/O BENAKALLU VILLAGE, TQ & DIST:BELLARY.

2.

PONNUR HULIGAPPA S/O P THIMAPPA

AGE:MAJOR, OCC:OWNER OF TRACTOR AND TRAILER

NO.KA-34/T-5569 & 5570, R/O MOKA VILLAGE,

TQ & DIST:BELLARY.

…RESPONDENTS

(BY SRI.MANJUNATH G PATIL, ADV. FOR R1) (R2-SERVED)

THESE APPEALS ARE FILED UNDER SECTION 30(1) OF THE

WORKMEN’S COMPENSATION ACT, 1923 PRAYING TO CALL FOR THE

RECORDS AND TO SET-ASIDE THE ORDER DATED 15.06.2013 PASSED BY

THE LEARNED LABOUR OFFICER AND COMMISSIONER FOR WORKMEN’S

COMPENSATION, SUB-DIVISION-I, BELLARY IN WC/NF Nos.452 To 456 Of

2007 AND TO PASS ANY OTHER ORDER OR ORDERS AS THIS HON’BLE

COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE

CASES, IN THE INTEREST OF JUSTICE AND EQUITY.

THESE APPEALS COMING ON FOR ADMISSION THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

4

COMMON JUDGMENT

These appeals are by the insurer calling in question

the legality of the awards dated 15.6.2013 passed in

WC/NF Nos.452 to 456 of 2007 by the learned Labour

Officer and Commissioner for Workmen’s Compensation,

Sub-Division-1, Bellary (for short, ‘Commissioner’).

2. Brief facts are that the claimant-Shivappa was

working as a driver and rest of the claimants namely

Mallikarjuna S/o Parashuramappa, Ramu S/o Mallappa,

Mallikarjuna

S/o

Giddappa

and

Mallikarjuna

S/o

Shankrappa were working as Hamalis in Tractor and

Trailer

bearing

registration

Nos.KA-34/T-5569-5570

owned by respondent No.1-Ponnur Huligappa before the

learned Commissioner and insured with the appellant

herein. It is stated that on 17.04.2007, as per the

instructions of respondent No.1, the claimants had loaded

the said tractor and trailer with sand and they were

proceeding to unload the same in the field of respondent

No.1 for c