UNITED INDIA INSURANCE CO LTD Vs. SABERABEE

JUDGEMENT

(1.) The Respondents 1 to 3 filed W.C. No. 106 of 2003 before the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour-II, Hyderabad (for short 'the Commissioner') against the 4th Respondent and the Appellant, claiming an amount of Rs. 2 lakhs, as compensation. It was pleaded that Sri Moijuddin, husband of the 1st Respondent, father of 2nd Respondent, and son of the 3rd Respondent, was engaged on 13-05-2000, for loading of timber into a lorry bearing No. ABT-9679, owned by the 4th Respondent, and insured with the Appellant, and in the course of employment, he died, out of fatigue. It was pleaded that he was being paid emoluments at Rs. 100/- per day, and that he was aged 40 years.

(2.) The 4th Respondent filed a counter, denying the very factum of employment, or engaging the deceased. He pleaded that his lorry was hired by one Mr. Omar Sab for transporting wood from Allapur Village, and that when the labourers were loading the lorry with timber, the deceased suddenly came under the influence of epilepsy, and died due to the subsequent cardiac arrest.

(3.) The Appellant also filed a counter, denying the allegations in the case. They too have denied the existence of relationship of employer and employee, between the deceased and the 4th Respondent. Other grounds were also urged. Through his order dated 03-08-2009, the Commissioner awarded a sum of Rs. 1,46,324/-, as compensation. The same is challenged in this C.M.A., filed under Section 30 of the Workmen's Compensation Act (for short 'the Act').