KRISHNAPPA Vs. ASSISTANT REGIONAL MANAGER NEW CHEMI INDUSTRIES LIMITED; DIVISIONAL OFFICER NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) The main appeal in M.F.A.No.4249/2012 has been filed for enhancement of compensation by the claimant of a case bearing No.KA A DA/KA NA PA/CR-43/2010, which was pending on the file of Commissioner for Workmen's Compensation, Davangere (hereinafter referred to as 'W.C.C. for short).

(2.) The connected appeal in M.F.A.No.4685/2012 has been filed by the insurer seeking to exempt the insurer from indemnifying the claimant on the ground that the claimant has thoroughly failed to prove the existence of relationship of employer and employee between the first respondent/Company and the claimant. Hence, both appeals have been taken up together for disposal by common judgment.

(3.) Claimant/Krishnappa was a driver and he was stated to be driving the Scorpio car bearing No.KA-17/N-608 belonging to first respondent/Company. According to him, the Company had engaged him as a driver to drive the above said vehicle and while driving the vehicle on 6.10.2009, it met with an accident on Chitradurga-Challakere road, due to which he sustained severe injuries. He was immediately shifted to S.S.Institute of Medical Sciences & Research Centre, Davangere and was treated as inpatient from 6.10.2009 to 27.10.2009. He was stated to be getting a sum of Rs.6,000/- as salary per month apart from Rs.100/- as daily bata. Hence, he had requested the W.C.C. to award in all a sum of Rs.5 lakhs with interest @ 12% per annum.