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Judgment
B.K. Sangalad, J.—The Insurance Company has challenged the award dated 22.9.1993 passed by the Workmen''s Compensation Commissioner, Belgaum.
The incident that took place on 21.5.1992 at 12.30 p.m. is not at all disputed. The deceased Rasoolsab was working as a loader in the tractor bearing No. KA 23-142 and 143. While the tractor was stopped, the loaded soil fell on the deceased Rasoolsab, as such he died. The learned Commissioner has awarded the compensation of Rs. 65,541 /-.
Learned Counsel for the appellant submits that there was no proper driving licence for the driver of the tractor. On the other hand the award is supported by the other side.
In this case, the question of possessing the driving licence does not loom large for the simple reason that when this incident took place, the tractor was stationary. When the tractor was stationary, the question whether it was light motor vehicle or heavy goods vehicle in my opinion does not loom large. The point that has to be looked into is whether the deceased died in the course of the employment or not. The employment is not in dispute. Hence the appeal is liable to be dismissed. Accordingly the appeal stands dismissed.