ORIENTAL INSURANCE COMPANY LTD. Vs. SAVARA KISHAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the Insurance Company against order dated 31.08.2012 passed by the Commissioner for Employees' Compensation and Assistant Commissioner of Labour-IV, Hyderabad, in W.C.No.42 of 2008 awarding compensation of Rs.2,00,524/- along with interest to respondent No.1.

(2.) There is no dispute that respondent No.3 had an insurance policy with the appellant company covering the workmen. Likewise, respondent No.2, lorry owner, had a policy with the appellant company covering lorry bearing No.AP10 T 1182.

(3.) A perusal of the order under appeal discloses that respondent No.1, labourer, was travelling in the subject lorry for unloading the cement bags; that the lorry met with an accident, due to which, he sustained grievous injuries, more particularly, he sustained fracture of middle 1/3rd of left femur and was operated with intra macular rod fixation; that A.W.2, Medical Practitioner, issued Ex.A.4, wound certificate, certifying that respondent No.1 was suffering with restriction of movements in his left leg and there is limping and shortening of left lower limb by one inch and that though the employer and employee relationship was denied, respondent Nos.2 and 3 appeared before the Commissioner and deposed evidence that respondent No.1 was the employee of respondent No.2. In view of the same, this Court has no hesitation that there was employer and employee relationship established.