VENKATESWARULU Vs. K VEERA VENKATA RAO

JUDGEMENT

(1.) (Appeal Under Section 30 of W.C. Act against the order/decree in WC No.238 of 1996 dated 31-7-2000 on the file of the Court of the Commissioner for Workmens Compensation and Assistant Commissioner of Labour-II, Guntur). This Civil Miscellaneous Appeal under Section 30 of the Workmens Compensation Act (for short the Act) is filed by the applicant, in W.C.No.238 of 1996, on the file of the Commissioner for Workmens Compensation and Assistant Commissioner of Labour-II, Guntur (herein after referred to as the Commissioner).

(2.) The appellant presented the claim before the Commissioner alleging that he was employed with the first respondent herein as Cleaner on lorry bearing No.AT7/7565 and that on 23.05.1996, he sustained injuries at Chilakaluripet Check Post, while on duty. He stated that he sustained fracture to the right leg below the knee and was admitted in to the Government General Hospital, Guntur, and that even after treatment, he is unable to do normal duties on account of the disability.

(3.) The first respondent remained ex parte. The Second respondent filed counter affidavit denying its liability. It disputed the very employment of the appellant with the first respondent as well as the occurrence of accident resulting in any injury. It was also pleaded that since the vehicle, on which the applicant was said to have been engaged, is not involved in the accident, it cannot be held liable.