BRANCH MANAGER, ORIENTAL INSURANCE CO. Vs. MALAPPA

JUDGEMENT

(1.) Challenging judgment and award dtd. 19/8/2019 passed by I Additional Senior Civil Judge and Commissioner for Employees Compensation, Vijayapur (hereinafter referred to as 'Commissioner', for brevity) in ECA No.168/2014 and ECA no.170/2014, these appeals are filed.

(2.) Smt.Preeti Patil Melkundi, learned counsel submitted appeals were by insurer, challenging finding of Commissioner about relationship of claimant with owner of insured vehicle as employee and employer and thereby avoid liability under award.

(3.) It was submitted, brief facts as stated by respondents were that respondent no.2 (employer) employed them as hamalis/coolie (workmen) in goods vehicle bearing no.KA-28/A-5093 owned by him and insured with appellant (insurer), on monthly wages of Rs.5,000.00 and Rs.50.00 per day as bhata. It was further stated that as per instruction of employer, at about 1.30 p.m. on 24/3/2012, when workmen were on duty in aforesaid vehicle for transporting grapes towards Tajpur, near Vithal-Rukmini Temple at Tantnapur village, driver drove it in rash and negligent manner and lost control over it. Due to which it toppled down by side of road and caused accident and workmen sustained injuries. Despite treatment, they did not recover fully and sustained permanent partial physical disability.