DIVISIONAL MANAGER Vs. G PANNEER AND ORS

JUDGEMENT

(1.) By consent of both parties, the appeal itself is taken up for disposal, when the application to withdraw 50% of the award amount filed by the injured workman was listed up for hearing.

(2.) Heard both sides.

(3.) Learned counsel for the appellant has vehemently contended that it is the case wherein, the 1st respondent was not employed under the 2nd respondent, who is the Transport Operator and owned M/s. Raj Roadways. The learned counsel has admitted that the 2nd respondent took an insurance policy, covering both the driver and Conductor, besides one employee. Since the 1st respondent herein was not employed by the 2nd respondent, the 1st respondent could not claim any compensation against the insurer, under the Workmen's Compensation Act.