NATIONAL INSURANCE COMPANY LIMITED Vs. SANGONDA GOUNDAR

JUDGEMENT

(1.) This Miscellaneous First Appeal is filed by the Insurance Company challenging the judgment and award passed in WCA/CR No.65/2008 dated 24.02.2011 wherein liability was fastened on the Insurance Company.

(2.) The claimants before the Tribunal contended that Bhoopathi, who is the son of the claimants died in a motor vehicle accident that occurred on 13.08.2008, involving lorry bearing No. TN-01/A-8707 and further contends that the deceased was working as a cleaner in the said lorry and he was being paid wages of Rs. 4,500/- per month. It is further contended that he was working with Duraiswamy.

(3.) The owner, who has appeared in pursuance of notice issued by the Commissioner, admitted the relationship between the deceased and himself as employer and employee. Insurance Company has taken the defence that deceased was not an employee of Duraiswamy and contended that he was an unauthorized passenger in the said vehicle and hence, Insurance company is not liable to pay the compensation. Commissioner after recording the evidence of the parties, allowed the claim petition in part awarding compensation of Rs.3,82,323/- with interest at 12% p.a. and fastened the liability on the Insurance Company.