This companytention is rebutted by the learned companynsel for the Insurance Company.
This appeal emanates from the judgment and final order dated 25.10.2005 passed by the High Court of Karnataka at Bangalore in M.F.A. No.5843/2003 WC and M.F.A. No.5844/2003 WC .
According to him, the vehicle in question was number involved in the accident.
The learned companynsel for the appellants submitted that the Insurance Company has clear responsibility for this accident and the Insurance Company is liable and under an obligation to pay companypensation to the appellants.
They shouted from inside that they were suffocating, a rope was released to them but they did number catch it and they died due to asphyxia.
These facts are number disputed.
Aggrieved by the said judgment, the Insurance Company preferred in M.F.A. No.5843/2003 and M.F.A. No.5844/2003 before the High Court of Karnataka at Bangalore.
Brief facts which are relevant to dispose of this appeal are recapitulated as under The claimants respondents in M.F.A. No.5843 of 2003 are the legal representatives of one Bapusab Nadaf and the claimants respondents in M.F.A. No.5844 of 2003 are the legal representatives of Basappa Gurappa Hipparagi, who were workmen engaged in uploading Maize foodgrain from a tractor trailer.
When Maize was being unloaded from the tractor to an underground storage bin Hagevu , both the labourers climbed the grocery pit in order to clean the same for storing Maize and while cleaning they fell into the grocery pit.
