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...connection with the operation and/or loading/unloading of motor vehicle IMT 17.”6. The High Court has clearly fallen in error in holding that the insurer is not liable in respect...premium was paid for covering the risk of the persons employed in connection with the operation of loading and unloading of the goods. Against this order passed in United India Insurance Co. Ltd...and limited only to persons employed in connection with loading/unloading of the motor vehicle.7. In view of the aforesaid error committed by the High Court, the order MFA...
...compensation to the petitioner. As stated supra, Ex.B1 policy itself shows that no premium was paid by the owner of the vehicle for loading and unloading coolies. The own pleadings of the petitioner are that they are travel...the petition are as follows:
On 26.01.2010, the petitioner along with other coolies went to coolie work for loading and unloading gravel and they boarded a Tipper bearing...no premium was paid for loading and unloading coolies and that the second respondent has violated the terms and conditions of policy and the third respondent is not liable to indemnify the liabili...
...pay any compensation to the petitioner. As stated supra, Ex.B1 policy itself shows that no premium was paid by the owner of the vehicle for loading and unloading coolies. The own pleadings of the petitioner are that they ar...petition are as follows:
On 26.01.2010, the petitioner along with other coolies went to coolie work for loading and unloading gravel and they boarded a Tipper bearing...as a passenger and no premium was paid for loading and unloading coolies and that the second respondent has violated the terms and conditions of policy and the third respondent is not lia...
...compensation to the petitioners. As stated supra, Ex.B1 policy itself shows that no premium was paid by the owner of the vehicle for loading and unloading coolies. The own pleadings of PW1 are that the deceased was travelli...unloading gravel and they boarded a Tipper bearing No.AHH 3735 and proceeding to Velchuru village for loading stone chips. At about 11.00 p.m. when they reached near Kamepalli, the driver of the Tipper...conclusion that the deceased Narasimharao travelled in the tipper as a passenger and no premium was paid for loading and unloading coolies and that the second respondent has violated the terms and...
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per policy Ex.D/1, there was coverage of seven labourers for loading and unloading material from the truck. This witness deposed ...the owner for loading, unloading of the goods kept in the vehicle and there being coverage of seven labourers, learned Claims Tribunal erred in exonerating the insurance company...did not bother to reexamine Santosh Sindhiya and controvert the statement given by him that there was coverage for seven workmen under the policy.
Thus, in view of the...
...
per policy Ex.D/1, there was coverage of seven labourers for loading and unloading material from the truck. This witness deposed that truck was travelling f...owner for loading, unloading of the goods kept in the vehicle and there being coverage of seven labourers, learned Claims Tribunal erred in exonerating the insurance company...bother to reexamine Santosh Sindhiya and controvert the statement given by him that there was coverage for seven workmen under the policy.
Thus, in view of the admission...
...entry is permitted to specified class of people for the purpose of handling goods in the form of loading and unloading of goods are treated as public places, the very purpose of insurance coverage under...definition does not deal with places of access to goods vehicles. We are of the view that wherever goods vehicles are allowed entry, the workers engaged in loading, unloading and the crew also have access. In...workers so that loading and unloading from vehicles are done in the godowns. Obviously construction sites, godowns etc. are not places where public have uncontrolled right of access. However, access is...
...loading and unloading and as such there is compulsory coverage of the risk of said coolies under insurance policy produced at Ex.R.1. It is not disputed that Ex.R.1 is the insurance policy covering the...fasten the liability on the Insurance Company on the ground that the deceased Gouripura Malleshi was working as coolie for loading and unloading in the Tractor and Trailer belonging to him and...,
AGE:46 YEARS, OWNER OF TRACTOR
& TRAILER BEARING REGN. NO.KA-35/T-3190 AND KA-35/3191,
R/O: 25THWARD, JAMBUNATHA ROAD...
...admitted that the policy was issued for goods carrying commercial vehicle and it covers the risk of five coolies, but the coverage is only at the time of loading and unloading operations...the file of the learned Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Mahabubnagar, whereby the learned Commissioner allowed the case filed by the claimants and granted...compensation even if the claimants have not established employee and employer relationship between the deceased and the O.P.1.
2) Whether the Commissioner is justified in...
... 3 examination, he admitted that the policy was issued for goods carrying commercial vehicle and it covers the risk of five coolies, but the coverage is only at the time of ...appeal aggrieved by the order dated 07.12.2006 passed in W.C.No.34 of 2004 on the file of the learned Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Mahabubnagar, whereby...the learned Commissioner allowed the case filed by the claimants and granted compensation.
2. This appeal is filed with the following substantial questions of law...
..., he admitted that the policy was issued for goods carrying commercial vehicle and it covers the risk of five coolies, but the coverage is only at the time of loading and unloading operations...the file of the learned Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Mahabubnagar, whereby the learned Commissioner allowed the case filed by the claimants and granted...compensation even if the claimants have not established employee and employer relationship between the deceased and the O.P.1.
2) Whether the Commissioner is justified in...
...-
3 examination, he admitted that the policy was issued for goods carrying commercial vehicle and it covers the risk of five coolies, but the coverage is only at the time of ...appeal aggrieved by the order dated 07.12.2006 passed in W.C.No.32 of 2004 on the file of the learned Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Mahabubnagar, whereby...the learned Commissioner allowed the case filed by the claimants and granted compensation.
2. This appeal is filed with the following substantial questions of law...
...commercial vehicle and it covers the risk of five coolies, but the coverage is only at the time of loading and unloading operations.
8. In the order under challenge the...appeal aggrieved by the order dated 07.12.2006 passed in W.C.No.33 of 2004 on the file of the learned Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Mahabubnagar, whereby...the learned Commissioner allowed the case filed by the claimant and granted compensation.
2. This appeal is filed with the following substantial questions of law...
...examination, he admitted that the policy was issued for goods carrying commercial vehicle and it covers the risk of five coolies, but the coverage is only at the time of loading and unloading...appeal aggrieved by the order dated 07.12.2006 passed in W.C.No.35 of 2004 on the file of the learned Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Mahabubnagar, whereby...the learned Commissioner allowed the case filed by the claimants and granted compensation.
2. This appeal is filed with the following substantial questions of law...
...cross-examination, he admitted that the policy was issued for goods carrying commercial vehicle and it covers the risk of five coolies, but the coverage is only at the time of loading and unloading...the file of the learned Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Mahabubnagar, whereby the learned Commissioner allowed the case filed by the claimants and granted...compensation even if the claimants have not established employee and employer relationship between the deceased and the O.P.1.
2) Whether the Commissioner is justified in...
...cross-examination, he admitted that the policy was issued for goods carrying commercial vehicle and it covers the risk of five coolies, but the coverage is only at the time of loading and unloading...the file of the learned Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Mahabubnagar, whereby the learned Commissioner allowed the case filed by the claimants and granted...compensation even if the claimants have not established employee and employer relationship between the deceased and the O.P.1.
2) Whether the Commissioner is justified in...
... 3 examination, he admitted that the policy was issued for goods carrying commercial vehicle and it covers the risk of five coolies, but the coverage is only at the time of ...appeal aggrieved by the order dated 07.12.2006 passed in W.C.No.36 of 2004 on the file of the learned Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Mahabubnagar, whereby...the learned Commissioner allowed the case filed by the claimants and granted compensation.
2. This appeal is filed with the following substantial questions of law...
...permitted to specified class of people for the purpose
of handling goods in the form of loading and unloading of goods are
treated as public places, the very purpose of insurance coverage under...with places
of access to goods vehicles. We are of the view that wherever goods
vehicles are allowed entry, the workers engaged in loading, unloading
and the crew also have access. In this case...loading and unloading from vehicles are
done in the godowns. Obviously construction sites, godowns etc. are
not places where public have uncontrolled right of access. However,
access is provided to...
...is registered owner of truck bearing GJ-3-V-7612, has, inter alia, contended that though the original claimant was driver upon the aforesaid truck as the employee for loading and unloading concrete and met with an ...for loading and unloading the goods upon the aforesaid offending truck. 6. In order to appreciate the contention, this Court has gone through the impugned judgment at Exh.41 where more...particularly in para-11, the claimant has clearly stated that he was traveling upon the aforesaid truck belonging to Vishnubhai as labourer for loading and unloading concrete and said Vishnubhai used...
...that the deceased was a loading and unloading coolie. The Tribunal disbelieved their version and passed the impugned award against the 1strespondent and exonerated the 2ndrespondent/I...engaged the deceased as a loading and unloading coolie. The law is well settled that when no separate premium is paid to cover the risk of coolies, no liability can be fastened against the insurer of...the coolies for loading and...