SECRETARY CANNANORE COOPERATIVE AUTORIKSHAW Vs. SANTOSH

JUDGEMENT

(1.) THIS is an appeal against the judgment in W. C. C. No. 153/93 on the file of the Commissioner for Workmen's Compensation, Kannur. The applicant was the first respondent in the proceedings. The appellant Cooperative Society used to give financial assistance to the persons for the purchase of autorikshaws on hire purchase agreement. The third respondent, thus, obtained an autorickshaw and the autorickshaw was being driven by the claimant. On April 8, 1993 this autorikshaw met with an accident and the claimant sustained injuries and he claimed a sum of Rs. 1,05,000/- as compensation.

(2.) THE appellant herein contended that he was not the principal employer and that the appellant -Society had only given finance to the third respondent to purchase the autorikshaw and, therefore, there is no liability on the part of the appellant. He also contended that the insurance policy was taken by the society and, therefore, the second respondent - Insurance Company was liable to pay the amount.

(3.) THE Tribunal held that the appellant herein was the principal employer and he was liable to pay the compensation to the tune of Rs. 2,940/ -. As the appellant has not produced the documents relating to insurance, second respondent -Insurance company was not held liable.