SEETHA DEVI Vs. JAYALAKSHMI

JUDGEMENT

(1.) The order dtd. 2/7/2009 of the Commissioner for Workmen's Compensation, Thiruvananthapuram in connection with the compensation claimed for the death of one Rajesh Kumar in an accident, while driving an autorickshaw on 2/6/2006, is under challenge in this appeal.

(2.) The appellant herein, the mother of the deceased, was the applicant in the above claim petition filed before the Commissioner for Workmen's Compensation as W.C.C.No.108/2006, and the respondents 1 to 3 in this appeal were the opposite parties 1 to 3 respectively. The first respondent is said to be the employer of the deceased and the third respondent, the insurance company which issued a valid insurance policy to the autorickshaw with Reg.No.KL-01 R 362, which met with the accident.

(3.) The first respondent had admitted the employer-employee relationship with the deceased, and also the fact that the accident happened while the deceased was driving the autorickshaw in the course of employment. The claim of the appellant about the monthly wages of Rs.4,000.00 received by the deceased from the first respondent, is also admitted by the first respondent. However, the third respondent strongly disputed the employer-employee relationship between the first respondent and the deceased. The third respondent also disputed their liability to compensate the deceased stating the reason that the deceased was not holding a valid driving licence to drive autorickshaw at the time of the accident.