ORIENTAL INSURANCE CO. LTD Vs. P.C. JOHN

JUDGEMENT

(1.) This is an appeal preferred against the order of the Workmen's Compensation Commissioner, Thrissur in W.C.C. No. 239/2004. The claimant, a headload worker, sustained injuries in a road accident while he was waiting on the side of a road for his turn to get the work of unloading and at that time a lorry came in a rash and negligent manner and a stone fell on him resulting in injuries to him. The learned Workmen's Compensation Commissioner awarded him a compensation of Rs. 50,819/- and directed the insurance company to pay the amount. It is against that decision the insurance company has come up in appeal.

(2.) The question of law which I formulated is whether in the light of the averment in the petition a petition under the Workmen's Compensation At is maintainable or not.

(3.) Heard the learned Counsel for the appellant as well as the respondents/applicant. The learned Counsel for the insurance company had made available before me a copy of the petition filed which would definitely show that he was injured not in the course of employment by anybody but while waiting for his turn to do the work. He is only a loading and unloading worker. He cannot be the employee of the owner of the lorry and the cause of accident is as follows: