UNITED INDIA INSURANCE COMPANY LTD Vs. SRIDHARGADDE BASAPPA

JUDGEMENT

(1.) THIS appeal is filed by the Insurance Company challenging the award in WC/sr. 340 of 1997, dated 16-7-1988 on the file of Commissioner for workmen's Compensation, Bellary.

(2.) IN brief the facts that led to the filing of this appeal are as under: the first respondent was the petitioner before the Workmen's Compensation Court. He filed an application claiming compensation alleging that he sustained injuries in a motor accident while working as a loader in the lorry belonging to the second respondent herein and the said lorry met with an accident on 24-6-1997 and the first respondent sustained injuries. Therefore, according to him he is entitled for compensation towards permanent disability.

(3.) THIS was contested by the second respondent herein who was the employer contending that the petitioner-claimant was not his employee and he was not paying any wages to him. In other words employer denied the relationship of employer and employee. The appellant herein denied its liability to pay compensation in the absence of relationship of employer and employee between the first and second respondent herein. The appellant further contended that the records would amply establish the fact that the first respondent was only a passenger in the lorry and not an employee under the second respondent. With these objections the appellant and the second respondent before the Commissioner for Workmen's Compensation sought for dismissal of the claim petition.