MANAGER AND CONSTITUTED ATTORNEY Vs. PRAMILA MOHAPATRA

JUDGEMENT

(1.) This appeal involves a challenge to the judgment and award being passed by the learned Commissioner for Workmen's Compensation-cum-Deputy Labour Commissioner, Cuttack in W.C. Case No.143-D/2002 on 20.09.2013.

(2.) Short background involved in this case is that the claim application has been filed at the instance of the wife as well as minor son of the deceased claiming compensation to the tune of Rs.3,00,000/- on the premises that the deceased being a workman while performing his duty as a helper in the Bus No.OAC-7723 belonging to one Durga Prasad Mohanty on 4.08.2001 at about 8 A.M. received bodily injury in the premises of Ananda Fabricator and Engineering Company at Jagatpur, Cuttack. It is averred therein that the death of the deceased is caused arising out of and in course of his employment under the Opposite party No.1 therein. Upon notice the owner i.e. Opposite Party No.2 therein neither appeared nor contested the matter. It is only the Opposite Party No.2 the Insurance Company appearing in the claim case contested the matter by filing written statement inter alia contending therein that there is no relationship of workman and employer between the deceased and the opposite party no.1 and accordingly disputed each and every claim made by the claimants. The Insurance Company also took the stand that since the owner doesn't appear in the matter, there appears, there is collusion in between the owner and the claimant party. In the written statement the Insurance Company also disputed about any accident to have been taken place involving the deceased involving the Bus in question. The claim is being challenged by the Insurance Company on the premises of two fold; first one is, there is no employer and employee relationship between the deceased and the owner of the vehicle and the second one is; the Bus in question has not made the accident claimed in the claim application. In these premises the claim of the claimant was objected.

(3.) The Authority below getting into the pleadings framed the following issues: