DIVISIONAL MANAGER, OICL, BAGALKOT, NOW REP. BY THE REGIONAL MANAGER, OICL REGIONAL OFFICER, SUMANGALA COMPLEX, OPP. CORPORATION, LAMINGTON ROAD, HUBLI Vs. SRI PRAKASH S/O FAKIRAPPA TALWAR, AGE. 45, R/O GUDDAD MALLAPUR, TW. BADAMI, DIST. BAGALKOT

JUDGEMENT

(1.) Oriental Insurance Company Limited has filed this appeal challenging the judgment and order dated 13.5.2010 made in W.C/NF/No. 144/2.008 passed by the Labour Officer and Commissioner for Workmen's Compensation Bagalkot (hereinafter referred to as 'the WCC' for short) fastening the liability on them to compensate the claimant.

(2.) Respondent No. 1 herein filed a claim petition contending that he was working as a driver in a lorry bearing Reg.No.KA-25/A-3539 belonging to respondent No. 2 herein. On 6.3.2008 after loading the jowar and proceeding towards Ranebennur, the driver lost control and the vehicle turned turtle. As a result of which, the claimant sustained grievous injuries. Immediately after the accident, he was shifted to Government Hospital Guttal and thereafter took treatment at Shreyas Hospital, Hlubli. As on the date of accident he was aged about 29 years and owner of the vehicle was paying him salary of Rs. 150.00 per day and Rs. 50.00 as batta. The accident occurred during the course and out of employment. The vehicle was insured with the Insurance Company. Hence, both the owner as well as the Insurance Company are liable to compensate the claimant and sought for compensation of Rs. 4,00,000.00.

(3.) In response to the notice issued by the WCC, the owner of the vehicle entered appearance and filed written statement admitting that the claimant was working as a driver in his lorry and during the course and out of employment he has sustained employment injuries. The respondent-Insurance Company filed the written statement denying the entire averments made in the claim petition and also disputed the relationship of master and servant between the claimant and the owner of the vehicle.