ORIENTAL INSURANCE COMPANY LIMITED Vs. SHANKARAPPA

JUDGEMENT

(1.) THESE two appeals are by the insurer is directed against order and awards passed by the Commissioner for Workmen's Compensation, Koppal (for short, 'CWC') in WCA Nos. 168 of 2003 and 54 of 2004, dated 30 -7 -2005. Contention of Smt. Aruna Deshpande, learned Advocate appearing for appellant -insurer is that Tribunal committed a serious error in accepting that there was relationship of employer and employee and as such, award is to be set aside. She would also contend that compensation determined by construing the disability at 35% and 30% respectively is not in consonance with the evidence and there is no material to show as to what is the proportionate loss of earning capacity of the workman to award compensation as determined by the CWC. On these grounds, he seeks for formulating substantial questions of law as formulated in the appeal memorandum and prays for answering the same in favour of the insurer.

(2.) PER contra, Sri Chandrashekhar Patil, learned Advocate appearing for workman would support the order and awards passed by CWC and prays for dismissal of the appeal.

(3.) HAVING heard the learned Advocates appearing for parties, I am of the considered view that following substantial question of law would arise for consideration in these appeals: