AJAY MISHRA Vs. STATE OF JHARKHAND AND ANOTHER

JUDGEMENT

(1.) The Oriental Insurance Company has filed this appeal challenging the judgment and order dated 19-4-2008 made in WCA/SR/3/2007 passed by the Labour Officer and Commissioner for Workmen's Compensation, Sub-Division-I, Belgaum (hereinafter referred to as 'the WCC' for short).

(2.) The first respondent herein filed a claim petition contending that he was working as a driver in a bus bearing registration No. KA-05/B-7866 belonging to the second respondent herein, for the last two years. The said bus was hired by NWKRTC on an agreement. On 30-1-2006, as per the instructions of owner of the vehicle, while he was proceeding towards Bangalore from Belgaum, the vehicle met with an accident on Tumkur-Bangalore Road. In view of that the claimant who was working as driver in the said bus sustained fracture of left leg and other grievous injuries to the body. He claims that he was aged about 32 years, at the time of accident and getting salary of Rs. 6,000.00 p.m. In view of the injuries sustained and fracture of left leg, he cannot do the work of driver. The accident occurred during the course and out of employment. The bus was covered by insurance policy as on the date of accident and hence, he sought for compensation of Rs. 3,50,000.00.

(3.) In pursuance of the notice issued by the WCC, though owner of the bus was served with notice, he remained unrepresented. The second respondent/Insurance Company filed written statement denying the entire averments made in the claim petition and also disputed the relationship of master and servant between the claimant and owner of the vehicle. No document has been produced to show that owner of the vehicle was paying him salary of Rs. 6,000.00 p.m. Hence, sought for dismissal of the claim petition as against the Insurance Company.