ORIENTAL INSURANCE COMPANY LIMITED Vs. N SAROJINI

JUDGEMENT

(1.) THIS appeal by Oriental Insurance Company Limited is against the order dated 19. 11. 2001 in W. C. Case No. 1 of 2001 passed by the Commissioner for workmen's Compensation and Assistant Commissioner of Labour (the Commissioner, for brevity), Patancheru, Medak District awarding a sum of Rs. 2,14,000/- to respondents 1 to 3 herein (hereafter called, claimants) as compensation for the death of Kanakaiah, who died in the course of employment as driver with fourth respondent herein. The two grounds urged in support of the appeal are that kanakaiah was not an employee of fourth respondent and that the Commissioner cannot award more than the amount claimed by dependents of workman.

(2.) CLAIMANTS filed W. C. Case before the Commissioner alleging that Kanakaiah was driver of jeep bearing No. AP 9 AA 1063 belonging to fourth respondent (hereafter called, owner/employer ). He was aged 27 years and was earning rs. 2,500/- per month. On 25. 09. 2000, Kanakaiah died when the jeep met with an accident in the course of employment. Dependents of Kanakaiah claimed rs. 2,00,000/- as compensation. After receiving notices, employer denied employee- employer relationship and alleged that fourth respondent entered into contract with M/s. Venkateswar Travels and made payments to travel agency and not to deceased. The appellant/insurer filed separate counter opposing the case. The insurer denied employment, wage and accident. Quantum of compensation was also opposed as excessive.

(3.) THE Commissioner conducted enquiry. The wife of deceased gave evidence as a. W. 1 and marked Exs. A. 1 and A. 2. The Divisional Engineer of Transmission corporation of Andhra Pradesh (AP TRANSCO) gave evidence as R. W. 1 and also another witness as R. W. 2 besides marking Exs. R. 1 to R. 7. Insurer did not examine any witness nor brought on record any documentary evidence except marking insurance policy. After framing appropriate points for consideration, the Commissioner rejected the plea of insurer and employer, and came to the conclusion that the deceased Kanakaiah was in the employment of AP TRANSCO. Having regard to age and his income, he arrived at payable compensation as per workmens Compensation Act, 1923 (the Act, for brevity) at Rs. 2,13,570/- and also awarded Rs. 430/- towards costs making it a total of Rs. 2,14,000/ -.