BRANCH MANAGER ORIENTAL INSURANCE CO LTD Vs. THIPPESWAMY

JUDGEMENT

(1.) WHEN this appeal has come up today for admission, Lower Court record is secured. On behalf of appellant insurance company, it is represented by learned counsel Sri. S.V. Hegade. So far as respondents are concerned, 2nd respondent, has remained ex parte and though legal representatives of deceased 1st respondent are represented by learned counsel and he has filed vakalath has not come before the Court.

(2.) BRIEF facts leading to this appeal are as under:

(3.) THE fact that 2nd respondent herein is owner of lorry bearing No.KA-17/A-1620 and said lorry is insured with appellant herein is not in dispute. However, the fact whether claimant/1 st respondent herein was employee of 2nd respondent herein is a matter which is required to be ascertained on the basis of material evidence available on record. As could be seen from records, FIR in No.0345 dated 8.7.2006 is registered on the basis of a complaint lodged by claimant/Thippe Swamy on 8.7.2006 at about 6 p.m. THE contents of said complaint discloses that claimant/Thippe Swamy is a freelance coolie working near the shop of Sri. Chikkanna under the name and style 'Vijaya Fertilisers' situated at Hiriyur. According to him, on 24.6.2006 at about 9.30 p.m., the lorry belonging to 2nd respondent, Arifulla bearing No.KA-17/A-1620 came to said shop along with a load of fertilisers. When claimant along with other coolies was unloading fertiliser bags at the instructions of Chikkanna, owner of shop, the driver of said lorry moved the same without giving any indication resulting in claimant/Thippe Swamy falling down from said lorry and suffering injuries to his hip and other parts of body. It is his case that immediately after accident Chikkanna informed him that he should get himself treated from Doctor and Chikkanna would reimburse all the expenses. Based on the assurance he went to Doctor and got himself treated. THEreafter, since Chikkanna did not reimburse the expenses incurred by him for his treatment, he is lodging the complaint. In the said complaint, he clearly says that there is negligence on the part of owner of Vijaya Fertilisers shop, namely Chikkanna in not attending to injuries of claimant. In the said complaint he also says that he does not know the name and address of the owner and driver of lorry bearing No.KA-17/A-1620.