ORIENTAL INSURANCE CO LTD. Vs. PRAKASH BIN MARIANNA C/O RAMANNA NO. 18, GOUTHAM NILAYA, 6TH CROSS, 15TH MAIN J.C. NAGAR BANGALORE - 86, SMT. M.P. SHASHIKALA W/O M.K. ASHOK

JUDGEMENT

(1.) INSURANCE Company has filed this appeal. I have heard Sri. Hegde Mulkhand, learned counsel for the Insurance Company and the learned counsel for claimant.

(2.) THE learned counsel for Insurance Company has made the following submissions. i) There was no relationship of employee and employer between the claimant and insured. Therefore, Insurance Company is not liable to pay compensation. ii) Permanent physical disability resulting in loss of earning capacity to the extent of 5% assessed by the Commissioner for Workmen's Compensation is contrary to the medical evidence and reasons assigned by the Commissioner for Workmen's Compensation are untenable. iii) Commissioner for Workmen's Compensation should have determined the wages of claimant at Rs. 3,000/ - per month.

(3.) IT is seen from evidence on record that claimant suffered injuries when he was engaged for loading and unloading sugarcane in the insured vehicle. In the objection statement filed by Insurance Company before the Commissioner for Workmen's Compensation, the Insurance Company has not taken a contention that claimant was not an employee of insured and therefore, Insurance Company is not liable to pay compensation. Therefore, the Insurance Company cannot be permitted to raise such a contention for the first time before the Appellate Court. Even otherwise, I find that the claimant was an employee of the insured. He was a loader and unloader of insured vehicle. Whether he was employed by insured or by driver of vehicle may not be of any significance, particularly when claimant has proved that he suffered injuries when he was working as a loader of insured vehicle.