KRISHNA MOORTHY @ GIRI Vs. SIVANKUTTY PILLAI, JAYA BHAVANAM

JUDGEMENT

(1.) This appeal is filed by the opposite party in W.C.C. No.56/05 on the file of the Commissioner for Workmen's Compensation, Kollam. The respondent herein was the applicant in that case, which was filed by him under Section 22 of the Workmen's Compensation Act, 1923 (for short, 'the Act'), claiming a lumpsum amount of Rs. 1,00,000/- as compensation on account of the personal injury sustained by him while he was working under the opposite party.

(2.) The case of the applicant in W.C.C.No.56/05 is briefly as follows : The applicant was permanently employed by the opposite party in M/s.Sarathy Metal Crusher Unit owned by the opposite party, for the last 3= years. The applicant was engaged in regulating the load of metal near the motor belt.

(3.) After preliminary examination, the case was taken into file and notice was issued to the opposite party. The opposite party entered appearance through counsel and filed written statement. In his written statement, the opposite party denied all the averments in the application. He contended that the applicant was never employed by him in his metal crusher unit at any point of time. Another contention of the opposite party was that one Anilkumar, owner of the tipper lorry bearing registration No.KL-7R-2921 had approached the opposite party that he will supply rocks at Vakkom, Kottarakkara to the metal crusher unit and the opposite party agreed to the supply of rocks as and when it was unloaded. Accordingly, rocks were brought by Anilkumar under the guidance and control in the above-said tipper lorry. The applicant was working as a loader in the above vehicle and he had sustained some trivial injuries while he had been unloading rocks from the tipper lorry. The aforesaid accident happened to the applicant while he was working in and out of the course of employment of Anilkumar.