S.N.SATYANARAYANA, J. - (1.) THIS appeal is filed by respondent -insurance company challenging the order dated 31.3.2008 passed in WCA. No. 45/2005 on the file of the Commissioner for Workmen's Compensation, Chamrajnagar District.
(2.) THE facts leading to this appeal are that the 1st and 2nd respondents herein are respectively driver and owner of goods Auto bearing No. KA -11/4997. 1st respondent herein is claimant, 2nd respondent herein is insured owner in the court below. The 1st respondent in the court below, who is insurer, has filed this appeal. It is the case of claimant that on 30.7.2005 at about 7.30 in the evening he was proceeding towards RMC, Mysore in the aforesaid Auto carrying Ragi bags. When the said vehicle was negotiating the stretch in front of Adichunchanagiri Mutt in Mysore due to rash and negligent driving of the driver of the aforesaid Auto, it turtled resulting in serious injuries to claimant. In the said accident the claimant suffered fracture of left hand resulting in surgery and inserting rod to the fractured hand. Thereafter, claimant filed petition under Workmen's Compensation Act seeking compensation from the owner and insurer of the vehicle. In the court below both respondents entered appearance. The owner tiled statement of objections accepting the relationship of employer and employee between the claimant and himself, the fact of accident, consequent injury to the claimant. However, he took up a contention that his vehicle is insured with 2nd respondent in the court below and it is liable to pay the compensation, if any awarded.
(3.) THE 2nd respondent/insurance company who is appellant herein filed statement of objections. The first and foremost objection was regarding jurisdiction of court below to try the claim petition filed by the claimant. The relationship of employer and employee between the claimant and 1st respondent and the claimant suffering the injuries in the course of his employment were also denied.;