NATIONAL INSURANCE CO LTD Vs. Y RAMADEVI

JUDGEMENT

(1.) INSURER is the appellant in this appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') -

(2.) ON 16.9.1984, ORG 8735, a tanker belonging to respondent No. 2, was involved in an accident resulting in the death of husband of claimant No. 1 who received fatal injuries. Claiming the deceased to the driver of the vehicle employed by respondent No. 2, claimant filed an application in form 'G' of the Rules made under the Act before the Commissioner under the Act at Berhampur. In item 3 of the form of application, it was stated as follows: (3) The monthly income of the deceased amounts to Rs. 600/ -.

(3.) OWNER and the insurer appeared and filed their respective objections. Insurer objected to the claim amongst others challenging relationship of master and servant between the insured and the deceased. Owner in his written statement stated that since 31.12.1982 there was no relationship of employer and employee for which the deceased gave a declaration that day to the effect that he received all his dues and had no further claim. As regards remuneration, owner stated that at the time the deceased was a driver he was getting the wages of Rs. 600/ - and Rs. 300/ - as batta as deposed to by the claimant.