NEW INDIA ASSURANCE COMPANY LIMITED Vs. K GOPAL

JUDGEMENT

(1.) THE above civil miscellaneous appeal has been filed by the appellant/second opposite party against the decree and judgment passed by the Commissioner for workmen's compensation (Deputy Commissioner of Labour, Salem) in W.C.CaseNo.394 of 2000 dated 22.03.2002 awarding a compensation of Rs.1,34,400/-

(2.) AGGRIEVED by the said order, the appellant/The New India Assurance Company Limited, the second opposite party has filed the above appeal.

(3.) THE second opposite party has filed counter statement and resisted the claim. THE second opposite party does not admit the employer/employee relationship between the applicant and the first opposite party. THE second opposite party denied the said accident and submitted that the accident did not take place during the course of employment of the applicant under the first opposite party. Further, the age and income of occupation of the applicant was not admitted. THE compensation claimed by the applicant is also on the higher side. THE applicant has to prove that the employer's son, who was riding the hero honda motorcycle, to buy spare parts for the said lorry, along with the pillion rider, had a valid driving licence during the relevant period.