NATIONAL INSURANCE CO LTD Vs. ABHI @ ABHILASH

JUDGEMENT

(1.) It is an insurer's appeal challenging its liability to comply the award passed by the Labour Officer and Commissioner for Workmen's Compensation, Hassan Sub-Division, Hassan (for brevity 'the Commissioner') in a proceedings initiated by respondent No.1/claimant under Section 3 of the Workmen's Compensation Act, 1923. By the impugned award, the Commissioner while allowing the claim petition awarded compensation of Rs.1,18,241/- with interest payable by the appellant/insurer.

(2.) Briefly stated, the claimant filed a claim petition contending that, he is a loader in the lorry bearing registration No.KA-08/U-1157. During the course of his employment on 4.2003, the vehicle met with an accident and he suffered grievous injury. The vehicle belonged to first respondent and was insured by the second respondent herein. The first respondent/owner in his objection statement admitted the relationship of employer and employee. The Insurance Company contested the claim. Among others, the insurer disputed the employer and employee relationship. After enquiry, the learned Commissioner allowed the petition and awarded the compensation as above.

(3.) The appeal is admitted to adjudicate the following substantial question of law: