NATIONAL INSURANCE COMPANY LIMITED Vs. V NATARAJAN

JUDGEMENT

(1.) THE appeal is preferred by the claimant against award dated dated 01.07.2004 made in W.C.No.370 of 2002 on the file of Commissioner of Workmen's Compensation, (Deputy Commissioner of Labour), Salem.

(2.) THE appeal is admitted on the following substantial questions of law: 1.Whether the learned Commissioner is right in not discussing and giving a finding as to the employer and employee relationship between the claimant/1st respondent and the 1st respondent/2nd respondent herein? 2.Whether the learned Commissioner is right in not giving a finding as to how he assessed the disability for working capacity as 100% to the claimant? 3.Whether the learned Commissioner is right in holding that the injured was a driver and fixing the wages under the Minimum Wages Act without any evidence?

(3.) WHO has to pay compensation?" After considering the oral and documentary evidence, the Deputy Commissioner of Labour, Salem, held that the accident had occurred only during the course of employment under the second respondent and awarded a compensation of Rs.3,94,934/-. Aggrieved by that award, the appellant has filed the present appeal. 4. The learned counsel appearing for the appellant submitted that there is no employer and employee relationship between the first respondent-claimant and the second respondent-the employer and hence, the order passed by the Tribunal is wrong. He further submitted that the Tribunal is wrong in fixing the loss of earning capacity at 100% whereas, the Doctor has determined the disability at 50%. Therefore, the order passed by the Commissioner is not in accordance with law and the same has to be set aside. 5. Learned counsel appearing for the first respondent/claimant submitted that the Deputy Commissioner of Labour, Salem, had considered all the relevant materials and evidence on record and came to the correct conclusion that the accident had occurred only during the course of employment under the second respondent and awarded a just, fair and reasonable compensation. Hence the order passed by the Tribunal is in accordance with law and the same has to be confirmed.