ORIENTAL INSURANCE CO LTD Vs. T SARAMMA

JUDGEMENT

(1.) Oriental Insurance Company Limited filed this appeal under Section 30 of the Workmen's Compensation Act aggrieved by the order dated 28-6-2003 in W.C. No. 67 of 2002 on the file of the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour-III, Hyderabad.

(2.) The details necessary for deciding this appeal are that T. Gopal was driver of auto bearing No. AP-11V 6559 and on 15-10-2002, when it reached the limits of Uppal village, a cyclist came on to the road suddenly and on seeing him, the auto driver applied sudden break and lost control over the auto and it turned turtle on the road and he sustained grievous injuries and multiple fractures all over the body and died later. Mother, wife and children of the deceased have filed the above W.C. claiming compensation of Rs. 4,50,000/- from the owner and insurer of the auto involved in the accident. The Commissioner after considering the evidence on record, awarded compensation of Rs. 2,63,469/- as against the owner and insurer of the auto. Aggrieved thereby, the insurer preferred this appeal challenging its liability on the ground that the deceased was not working as paid employee and the deceased does not come within the definition of 'workman' under Workmen's Compensation Act.

(3.) Heard learned Counsel for the appellant and learned Counsel for the claimants and perused the record. Learned Counsel for the appellant contended that the deceased was not a 'workman' and as such, insurance company is not liable to pay any compensation and that the accident had not occurred out of and in the course of employment. On the other hand, learned Counsel for claimants contended that irrespective of the evidence, the said Act is a beneficial piece of legislation and it has to be construed in favour of the claimants who are dependent on the deceased.