NATIONAL INSURANCE COMPANY LIMITED Vs. SHIVANNA

JUDGEMENT

(1.) The National Insurance Company being aggrieved by the Order dated 25-2-2009 made in WCA/NF/SR No. 23 of 2007 passed by the Labour Officer and Commissioner for Workmen's Compensation, Hassan, has filed this appeal. The 1st respondent has filed the claim petition before the Commissioner for Workmen's Compensation, Hassan contending that he was working as a loader/unloader in the lorry bearing registration No. AP-02-V-4024 belonging to the 2nd respondent. On 2-1-2007 on the instructions of the owner of the vehicle after loading the fertilizers proceedings towards Gundigere-Bannahalli Road, due to rash and negligent driving of the said lorry by its driver, the said vehicle met with an accident and the claimant has sustained injuries to his right leg. He was admitted to the Sakaleshpur Hospital and taken treatment therein. He has contended that due to the accident and fracture of the right leg, he cannot work as a loader/unloader. Prior to the accident, he was getting salary of Rs. 4,000/- per month and Rs. 100/- of bata per day. In view of the accident, he cannot work as a loader/unloader and sought for compensation.

(2.) In pursuance to the notice issued by the Commissioner for Workmen Compensation, the owner of the lorry appeared before the Court and admitted that the claimant was working as a loader/unloader in the lorry.

(3.) The insurer has filed their objections to the claim petition contending that no document has been produced before the Commissioner for Workmen's Compensation, Hassan to show that the claimant is the employee under the owner of the vehicle and no document has been produced to show that the owner of vehicle was paying salary of Rs. 4,000/- per month and bata of Rs. 100/- per day. Further, no document has been produced to show that the accident occurred during the course of employment and the claimant has sustained injuries. The claimant was travelling in the said lorry as a gratuitous passenger. Though the vehicle is covered by the insurance, the insurer is not liable to pay the compensation and sought for dismissal of the claim petition.