B H ABDUL HAMEED Vs. MONAPPA

JUDGEMENT

(1.) The claimant filed the present appeal against the judgment and Order dated 27.11.2015 made in ECA No.3/2014 on the file of the Prl. Senior Civil Judge and Commissioner for Employees Compensation, Belthangady, dismissing the claim petition.

(2.) It is the case of the appellant/claimant that he was working as a cleaner in the lorry owned by the first respondent and on 21.05.2010 when the logs were being unloaded from the lorry, the driver of the lorry suddenly moved the vehicle back. As a result the claimant/cleaner who was standing behind the lorry was hit by the log which fell from the lorry. Due to the impact, the claimant sustained fracture of both bones of left leg. The owner of the saw mill lodged police complaint as per Ex.P.2. The jurisdictional police registered FIR as per Ex.R.1. Therefore, the claimant filed claim petition seeking compensation.

(3.) The first respondent, owner of the lorry filed objections and denied the averments that the claimant was working as cleaner under the first respondent, as on the date of the accident, as alleged. The lorry was insured with the second respondent. He also denied the fact that the accident occurred on 21.05.2010. Once the relationship between the claimant and first respondent as master and servant is denied, the question of entitlement for Rs.3,00,000.00 as compensation would not arise and therefore, sought for dismissal of the claim petition.