ORIENTAL INSURANCE COMPANY LTD Vs. INIPOTHAM

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed against the order passed by the Authority under Workmen Compensation Act, in W.C.No.177 of 2005 dated 24.02.2006.

(2.) Insurance Company is the appellant. According to the appellant- insurance company, the claimant - first respondent was not only a driver but also the owner of the vehicle having purchased the vehicle on 21.12004. The accident had taken place on 23.01.2005. A specific counter was filed before the Authority under the Workmen Compensation Act setting out the details of purchase as well as the delivery letter issued by the applicant by first opposite party confirming the delivery as well as the payment of entire sale consideration. This point was not considered by the Authority. Had it been considered, a decision would have been taken that the claimant is not entitled to claim compensation as a workman, as he himself is the owner, the course of judgment could have changed. But the Authority has refused to consider the same in spite of there being pleadings to this effect. Hence, the appeal.

(3.) I have gone through the materials on record and the award passed by the Authority.