TATA AIG GENERAL INSURANCE CO. LTD. Vs. LAKSHMAMMA

JUDGEMENT

(1.) This appeal is filed under Sec. -30(1) of the Employees Compensation Act, 1923 (hereinafter referred to as 'E.C. Act' for brevity) by the appellant-insurance company, calling in question the judgment and award dated, passed in E.C.A.No.61/2014, on the file of the Motor Accident Claims Tribunal, Bengaluru, SCCH-8, (hereinafter referred to as 'the Tribunal' for brevity), disputing the relationship of employer-employee between the deceased and the second respondent. Brief facts:

(2.) The deceased was working as a driver with the first respondent in an autorickshaw bearing registration No.KA-02-AA-8889, by getting monthly income of Rs.4,000.00 with bata of Rs.100.00 per day. On 16/9/2011 at about 2.30 a.m., when the deceased was proceeding in the autorickshaw bearing registration No.KA-02-AA-8889, as he reached Manjunatha Layout, 2nd Cross Junction, R.M. Nagar, Bengaluru, he lost control over the said autorickshaw and dashed against the electric poll. As a result, the autorickshaw was turned turtle and the deceased came under the autorickshaw and died on the spot.

(3.) Hence, a claim petition was filed by the legal heir - claimants of the deceased under Sec. -3 of the E.C. Act., claiming compensation for the death of the deceased in the road traffic accident. The Tribunal on appreciating the materials on record, allowed the claim petition in part, and awarded a compensation of Rs.7,64,185.00, along with interest at 12% per annum from the date of petition till the date of realisation. The Tribunal held respondent therein, were jointly and severally held liable to pay the compensation.