GANGEGIRI ESTATE Vs. K. JAYARAMA

JUDGEMENT

(1.) M/s. Gangegiri Estate by its Manager has filed this Appeal challenging the Judgment and Order dated 26.8.2011 made in WCA/NF-19 of 2007 by the Labour Officer and Commissioner for Workmen's Compensation, Sub-Division-1. Chikmagalur (for short Commissioner for Workmen's Compensation') fastening the part of liability on them.

(2.) The 1st Respondent here in filed a Claim Petition inter alia contending that he was working as a Coolie under the Appellant herein. On 24.5.2007, as per instructions of the Owner of the Estate, while doing shade lopping, he fell-down from the tree at the height of 30 feet and had sustained grievous injuries. Immediately after the accident, he took treatment in the Hospital. In the said accident, he had sustained fracture of right femur and other injuries to the body. He was aged about 35 years and getting salary of Rs. 4,500 per month. He claimed that the accident had occurred during the course and out of employment. In view of the injuries sustained, he is permanently disabled to do any work. Hence, sought for Compensation from the Owner of estate as well as Insurance Company.

(3.) In response to the Notice issued by the Commissioner for Workmen's Compensation, the Owner of Estate entered appearance and filed Written dement admitting that the injured person was working as a Coolie in the estate. On 24.5.2007, while doing shade lopping, he fell-down from the tree and had sustained grievous injuries. He was paying him salary of Rs.79.30 per day As on the date of accident, the Insurance Policy covers the risk of an employee. Hence, the Insurance Company is liable to compensate the Claimant and sought for dismissal of the Claim Petition as against him.