ORIENTAL INSURANCE COMPANY LTD Vs. ULAVAPPA

JUDGEMENT

(1.) This appeal is directed against the Judgement and Order dated 18.02.2008 rendered by Labour Officer cum Commissioner for workmen's compensation, Hubballi whereby the compensation of Rs.1,46,909/- has been awarded in favour of the claimant with 12% interest. The Commissioner has also levied a penalty of Rs. 25,000/-.

(2.) The brief facts stated are; the Claimant was employed as a cleaner in the truck bearing registration No.AP-28/X-0318 belonging to the ownership of respondent- Mahesh Kumar K ; he was drawing a monthly wage of Rs.5,000/- and a daily batta of Rs.35/- ; on 11.10.2006, on the instruction of the truck owner, the driver had taken the truck from Ballari to Karwar ; when the journey was half a through the accident occurred near Sukhsagar Dhaba on Hubballi-Gadag road because of rash and negligent driving ; the truck collided with the bullock cart head on and eventually the claimant fell down on the road sustaining grievous injuries.

(3.) The respondent-claimant filed the claim petition on 26.02.2007 seeking huge compensation amount alleging that he sustained grievous injuries because of the vehicular accident that happened in the course of employment. The appellant-Insurance company had resisted the claim by filing the Written Statement specifically taking up a contention as to the absence of 'employer-employee relationship' and also it had disputed the quantum of wages. The respondentowner of the vehicle neither filed the Written Statement nor participated in the proceedings.