He left Siraguppa to go to Gurugunta Amreshwara Temple alongwith certain passengers as per the directions of the present appellant.
The vehicle was the subject matter of insurance with the insurer and, therefore, it was claimed that the insurer was liable to pay the companypensation as the risk of the driver was companyered under the policy.
It was held that the insurer was liable to pay the companypensation.
Respondent No.2 filed a Claim Petition inter alia stating as follows Her husband Veeresh Kumar hereinafter referred to as the deceased was working as a driver in a truck bearing No.
Insurer filed an appeal before the High Court.
The Commissioner, Bellary by his order dated 11.7.2002 allowed the petition and determined the companypensation payable at Rs.2,20,046/ with 12 interest.
Background facts in a nutshell are as follows The appellant was the owner of the vehicle of which the deceased was employed as a driver.
The Claim Petition was filed taking the stand that the death of the deceased had occurred during the companyrse of and within the employment under the appellant.
In support of the appeal, learned companynsel for the appellant submitted that the death had number been occasioned during and in companyrse of employment.
KA 34 1183.
But the vehicle was taken by the deceased in the companyrse of employment at the behest of the present appellant to the temple.
When the vehicle reached Gurugunta, the deceased went to the pond and while taking bath at a pit, he had slipped and fell down and had drowned and breathed his last.
Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the judgment of a learned Single Judge of the Karnataka High Court allowing the Miscellaneous First Appeal filed under Section 30 1 of the Workmen Compensation Act, 1923 in short the Act filed by respondent No.1 hereinafter referred to as the insurer .
The insurer had challenged the award passed by the Commissioner for Workmen Compensation hereinafter referred to as the Commissioner in respect of the death of a driver.
