K. AMUTHA Vs. RAMESH SINDWANI

JUDGEMENT

(1.) The appeal has been preferred against the order dated 05.01.2004 of the Commissioner, Workmen's Compensation, Chennai in W.C.No.287 of 2001.

(2.) The appellants are the claimants. The claimants the heirs of deceased Kali. According to the appellants, Kali was employed as a load man by the first respondent, Ramesh Sindwani. On 09.04.2000 at about 5.30p.m. the deceased was engaged by the first respondent in loading new tractors onto the trailer bearing Registration No.HR-38-A-0671. The trailer was insured with the second respondent. In the course of loading the tractors, a tractor accidentally fell on Kali, as a result of which, he died on the spot. The deceased was 30 years old at the time of accident. The claimants claimed a total compensation of Rs.3,00,000.00.

(3.) The first respondent resisted the claim on the ground that there was negligence on the part of Kali. The Insurance Company denied its liability to pay compensation on the ground that there was no employer and employee relationship between the first respondent and the deceased Kali.