VASANTHKUMAR Vs. P.K. DORESWAMY AND ANOTHER

JUDGEMENT

(1.) This Miscellaneous First Appeal is directed against the common judgment and award passed by learned Labour Officer and Commissioner for Workmen Compensation, (for brevity, Commissioner) Mysore District, Mysore in WCA/NFC/CR-307/2007 dated 31.01.2009 in a claim petition filed by the appellant (for brevity workmen) under section 10 of Workmen Compensation Act.

(2.) Briefly stated, the claimant filed a claim petition before the Commissioner contending that he is the employee/loader under respondent No. 1 and suffered injury in a vehicular accident during the course of his employment on 18.10.2017 involving a lorry bearing Registration No. KV-11/3598. The claim petition filed by the co-employees and the present claim petition were considered together by the Commissioner by holding a common enquiry.

(3.) The claim was contested by the Insurer. The employer admitted his relationship with the claimants and also about the wages given to the claimants/loaders at Rs. 4,000/- per month and with a daily wages of Rs. 40/-. However, insurer contested the claim. Among others one of the ground was, there was no documentary proof about the rate of wages.