- (1.)Leave granted.
(2.)The short question that falls for consideration in this appeal is whether the High Court was justified in setting aside the order passed by the Commissioner for Workmen's Compensation holding the appellant entitled to an amount of Rs.4,48,000/- towards compensation with interest @ 12% per annum.
(3.)The claim before the Commissioner arose out of a motor accident in which the deceased-Prahlad lost his life while driving a Toyota Qualis vehicle bearing registration No.KA-02/C-423. The incident in question, it appears, occurred on 3rd September 2000 near Bidadi Police Station, on the Bangalore-Mysore highway involving a head on collision with a Tipper Lorry bearing No.KA-02-B-9135. The deceased was removed to the hospital where he died two days after the accident. A claim petition was then filed before the Commissioner for Workmen's Compensation, Bangalore Sub-Division-IV, Bangalore by the appellant, mother of the deceased for payment of compensation. The claim petition alleged that the deceased was employed as a driver on a monthly salary of Rs.6,000/- by the owner of the vehicle. The vehicle being insured with the respondent-company, the claimant sought recovery of the amount from the company in terms of provisions of the Workmen's Compensation Act, 1923, now re-christened as the Employee's Compensation Act, 1923. The insurance company contested the claim primarily on the ground that the jural relationship of employer and employee did not exist between the owner and the deceased. It was also contended that it was the negligence of the deceased that had caused the accident thereby disentitling the claimant to any compensation.