H. JAVAREGOWDA S/O. JOGU HUCCHE GOWDA Vs. S.D. DEVEGOWDA SON OF KENGADEVEGOWDA AND THE MANAGER, ROYAL SUNDARAMS ALLIANCE INSURANCE COMPANY LTD.

JUDGEMENT

(1.) APPELLANT is the claimant being aggrieved by the award dated 9 -12 -2005 passed in WCA/NFC/CR -126/2004 by the Commissioner for Workmen's Compensation. Mysore filed this appeal seeking for enhancement of compensation.

(2.) THE brief facts of the case are as follows: The claimant was working as a loader and un -loader of a Tractor -Trailer bearing registration No. KA -11/T -3953 and T -3954 belonging to the first Respondent. The first Respondent was paying a salary of Rs. 5,000/ - p.m. On 17 -4 -2004 while carrying a load of hay from Somanahalli to Mirle village. Due to the rash and negligent driving of the said tractor -trailer by its driver, the vehicle met with an accident and the claimant sustained serious injuries and he was admitted to K.R. Hospital, Mysore for the treatment. Due to the accident, the claimant has suffered fracture of clavicle bone of right hand and fracture of metacarpal bones. The accident occurred during the course of employment and sought for compensation before the Commissioner for Workmen's Compensation.

(3.) THE second Respondent -insurer filed objections denying the entire averments made in the claim petition. However, admitted -that the said tractor -trailer is covered by insurance. The Insurer has contended that it is for the claimant to prove before the Commissioner that he was a workman under the first Respondent and getting a salary of Rs. 4,000/ - p.m. and the accident has occurred during the course of employment and sought for dismissal of the claim petition.