NATIONAL INSURANCE CO LTD Vs. AMMASAI

JUDGEMENT

(1.) On 27.04.2003 one Bhoopathy and three other loadmen who were travelling along with the scrap iron belonging to one Velusamy in a mini door auto rickshaw bearing Registration No. TN45-M-4162 of one Mohammed Ali (first opposite party before the Commissioner and third respondent herein) driven by the owner himself, capsized around 5.30 p.m. on Pongalur to Tiruppur Road. Veluswamy, the owner of the goods was following the mini door auto in his motor cycle and he appeared to have run to the scene of occurrence and shifted all those who were injured in the said accident to the hospital. Bhoopathy, one of the loadmen however died. Subsequently, the parents of Bhoopathy moved the Commissioner under Workmen Compensation Act seeking compensation on the primary allegation that Bhoopathy was working as an employee under the third respondent Mohammed. Before the Commissioner, the owner of the vehicle remained exparte and only the Insurance Company contested the matter. In its counter, the insurance company has essentially contended that the first opposite party (the third respondent) had not submitted any claim stating that Bhoopathy was an employee under him and hence it was not liable to pay any compensation. It also took certain additional pleas namely that the driver of the goods carrier in question did not possess a valid driving licence at that time etc., These alone are relevant to the present controversy.

(2.) The Commissioner had entered a finding that Bhoopathy was an employee of the third respondent and consequentially awarded a sum of Rs.2,96,266/- and directed the appellant to deposit the same in default of which it directed payment of interest @ 12% per annum on the said sum.

(3.) Challenging the said award, more particularly the liability part of it, the insurance company has come forward with this appeal. At the time when this case was admitted, this Court framed the following substantial question of law: