filed a claim petition
interalia contending that he was working as a Hamali in a
tempo bearing Registration No.KA-27/6148 belonged ... proceeding upgradient. The driver of the tempo
requested the claimant and another hamali Rudresh to push
the tempo from backside. While doing so, in view
cleaner, the claimant in WCA.No.217-220/2008
were working as Hamalis and the claimant in
WCA.No.221/2008 was working ... claimants were travelling. Due to the impact, driver, cleaner
and Hamalis sustained injuries. Initially, they were shifted to
Primary Health Centre at Korlagundi. Thereafter, they
deceased Laxmana were working as coolies/hamalis in
:6:
a Tractor and Trailer bearing registration No.KA-
27/3788-3789, belonging to the second respondent ... accident
occurred during the course and out of employment, the
coolies/hamalis sustained grievous injuries all over the
body and one of the coolies died
31270/2010
BETWEEN:
Sri Danayya Sangayya Gaddimath
Age: 27 Years, Occ: Hamali
R/o Managuli, Tq: Basavan Bagewadi
Dist: Bijapur
... Appellant
(By Sri Sanganbasava ... claim
petition before the WCC contending that he was working as a
hamali in a tractor and trailer bearing registration
claimants Sri.Shivanand
3
Virupakshappa Jadar was working as a driver and hamali in
the Tractor and Trailer bearing Registration No.KA-27/T-
7759 ... charge
sheet held that while the deceased was working as driver and
hamali in the Tractor and Trailer, it met with an accident
during
Venkatesh s/o Choudappa
Age 30 years, Occ:Ex-Hamali
R/o Matamari village
Tq: and Dist. Raichur.
2. Noor Ahmed s/o Saramsab ... which, the vehicle turned turtled and the
3
driver, cleaner and hamali travelling in the said vehicle got
injured. Immediately after the accident
private hospital. Due to the accident, he cannot work as a
hamali. At the time of accident, he was aged about 35 year ... claimant In his evidence deposed that he was
working as a Hamali in the Tipper belonged to the 2nd
respondent
left leg,
the cléimantlllcontendsithatl he cannot do the work of hamali.
'l V' '*Even..thojugh~ repeatedrequests have been made to the owner ... documents clearly disclose that
as a hamali in the Tractor and 'Trailerhelonging "t_o"'the"jsecor1d'
respondent
paid any additional
premium covering the risk of a gratuitous passenger or
hamali. Hence, the liability was fastened on the owner of the
vehicle ... additional premium is paid to cover the
risk of the passenger or hamali. In the instant case,
8
additional premium has not been paid
claim petition before the
WCC contending that he was working as a Hamali in a Tipper
bearing No.KA-34/3672 belonged ... occurred on 13.3.2004
at id
the 1 ' respondent was working as Hamali in the rripper
bearing No.KA-34/3672 belonged