DIVISIONAL MANAGER Vs. CHAND PASHA; K N MALLIKARJUNA

JUDGEMENT

(1.) The Oriental Insurance Company has filed this appeal challenging the judgment and order dated 29-06-2007 made in WCA No.377/2004 passed by the Labour Officer and Commissioner for Workmen Compensation, Sub-Division I, Bellary (hereinafter referred to as 'the WCC' for short) fastening the liability on them to compensate the claimant.

(2.) The first respondent herein filed a claim petition contending that he was working as a loader in a goods auto bearing registration No.KA-35/3597 belonging to the second respondent herein. On 2-12-2002, as per the instructions of owner of the vehicle, after loading groceries at Hospet, while he was proceeding towards Thorangal on Hospet-Bellary Road, a lorry bearing registration No.KA-18/4167 driven by its driver in A rash and negligent manner dashed against the goods auto. In view of that, the claimant sustained grievous injuries. Initially he had taken treatment in the Government Hospital at Hospet and thereafter he took treatment in a Private hospital. The police have registered a case in Crime No.117/2002 against the driver of the offending lorry. At the time of accident, claimant was aged about 20 years, the owner was paying him salary of Rs.150/- per day. In view of the injuries sustained and disability suffered, he cannot work as a loader. The accident occurred during the course and out of employment. The insurance policy of the goods auto was in operation as on the date of accident and hence sought for compensation of Rs.2,75,000/- with interest.

(3.) In pursuance of the notice issued by the WCC, though the owner of the vehicle served with notice, he remained unrepresented. The Insurance Company filed written statement denying the entire averments made in the claim petition and also relationship of master and servant between the owner and the claimant. Further the insurance policy of the goods auto does not cover the risk of a loader and the additional premium is also not paid. Hence the insurer is not liable to compensate the claimant and sought for dismissal of the claim petition as against the Insurance Company.