NATIONAL INSURANCE COMPANY LIMITED Vs. YALLAPPA TOLE

JUDGEMENT

(1.) This is the appeal filed by the Insurer under Sec. 30(1) of Workmen's Compensation Act, 1923 challenging the judgment and award passed by the Labour Officer and Commissioner for Workmen's Compensation, Sub-DivisionI, Belagavi (for short, 'Commissioner') in Case No.KAPAKA/SR-16/2012 dtd. 20/2/2013.

(2.) Parties would be referred with their ranks, as they were before Commissioner for the sake of convenience and clarity.

(3.) The claimant has filed the claim petition before the Commissioner contending that he sustained accident while discharging his duty as employee under respondent No.1 on 24/2/2011 at about 02.30 p.m. while he was leveling the sugarcane in the trailer attached to the tractor bearing No.KA-23/TA/6493 and No.KA-23/TA/6494. His contention is that before the accident he was working as coolie under first respondent, thus there was employer and employee relationship between first respondent and the claimant; claimant was getting income of Rs.8,000.00 per month and he was aged about 30 years at the time of accident. Due to the accident, the claimant sustained fracture of left calcaneum with tendo Achilles rupture and thus sustained disability and unable to work as he was working earlier and thus prayed for compensation of Rs.10,00,000.00 with 12% interest.