NEW INDIA ASSURANCE CO. LTD. Vs. SRI. VENKATARAMAIAH S/O KARIYAPPA, SMT. DALAMMA W/O VENKATARAMAIAH, SRI. LOKESH S/O VENKATARAMAIAH AND H.S. SUDHIR S/O H.G. SURANDRA

JUDGEMENT

(1.) THE appellant -Insurance Company being aggrieved by the award dated 31 -5 -2005 made in WCA/CR/3/2003 passed by the Commissioner for Workmen's Compensation. Bangalore, preferred this appeal.

(2.) THE facts of the case are: The legal representatives of the deceased Mahadev filed a claim petition claiming compensation due to the death of their son in a motor accident that occurred on 12 -12 -2002. The claimants in their claim petition have contended that the deceased Mahadev was working as a coolie for loading and unloading of the materials in the lorry bearing Registration No. KA -12/367 under the first respondent. The said lorry was belonging to the first respondent, which was insured with the second respondent. The deceased was aged about 20 years at the time of accident and getting a salary of Rs. 175/ - per day.

(3.) IN pursuance to the notice issued by the Commissioner for Workmen's Compensation, the owner of the vehicle filed written statement contending that the deceased was working under him and he was paying a salary of Rs. 150/ - per day and Rs. 20/ - as batta and the accident has occurred during the course of employment under him. He also contended that since the said vehicle is covered by the insurance policy, the second respondent is liable to pay compensation to the claimant. Hence, he sought for dismissal of the claim petition as against him.