DIVISIONAL MANAGER, NATIONAL INSURANCE CO LTD , BRANCH OFFICE, M C C B BLOCK, DAVANGERE Vs. SHREEDEVI KOM LATE HANUMANTARAYAPPA, BASAPPANA MALIGE, HIRIYUR TALUK, CHITRADURGA DISTRICT

JUDGEMENT

(1.) This Miscellaneous first appeal is filed under Section 30(1) Workmen's Compensation Act, by the Insurance Company, assailing the order dated 29.12.2009 in W.C. case No.KAG/KNP/AF/CR-192/2008.

(2.) One Hanumantarayappa, who was traveling in goods Autorickshaw bearing No.KA-17/TR-2671 (MH- 14/TP-289) on 03.12006 met with an accident. The accident proved fatal and the said Hanumantarayappa died subsequently. A claim petition came to be filed by the wife, children and parents of the deceased before the Commissioner for Workmen's Compensation at Chitradurga.

(3.) The claimants contended before the Workmen's Compensation Commissioner that the deceased was employed as a coolie by the owner of the vehicle and was earning Rs. 6,000/- per month as salary. The owner of the vehicle, though served with the notice did not appear, while the Insurer appeared and filed its objections. The averments made in the claim petition were denied by the insurer, while specifically contending that the deceased was not an employee of the owner of the vehicle and since there is no relationship of employer and employee, the Insurer sought for dismissal of the petition. While recording the evidence, eight documents were marked as Exhibits P1 to P8, on behalf the claimant. On the basis of the evidence available on record, Workmen's Compensation Commissioner proceeded to hold that the claimants have proved that deceased was employed under the owner of the vehicle as coolie and proceeded to award Rs. 3,11,970/- as compensation payable by the Insurer.