UNITED INDIA INSURANCE CO LTD Vs. SHIVABASAVVA

JUDGEMENT

(1.) ONE Kallapa was employed as loader under R-1 on contract basis and piece basis for loading the goods of the passengers in the transport vehicle of R-1. Another goods vehicle which was stationed beyond the goods vehicle in question was suddenly started and made a movement. The deceased sandwiched between two lorries and died.

(2.) THE dependants of the deceased made a claim before the W. C. Commissioner seeking compensation. R-1 filed written statement denying the relationship of employer and employee. It is said that the deceased was authorised by R-1 for loading the goods of the consignor. The deceased had to collect remuneration from the consignor for loading into the lorry of R-1, therefore, submitted that r-1 does not pay any wages/remuneration to the deceased for the work done. Hence, the deceased is not the employee and there exists no relationship of the employer and employee.

(3.) THE W. C. Commissioner held that the deceased is employee of R-1 and awarded the compensation. The employer is directed to pay the compensation in view of the fact that the vehicle in question was covered by the policy.