Case Note & Summary
The High Court dismissed an insurance company's appeal challenging a workmen's compensation award, holding that the claimant's unrebutted evidence established an employer-employee relationship. The claimant, injured while driving the insured vehicle, testified about his employment as driver with monthly wages of Rs.10,000. The vehicle owner denied the relationship in written statement but failed to appear for evidence. The Court found no error in the Tribunal's conclusion that employment relationship existed, as the owner's denial remained unsubstantiated by evidence. The compensation of Rs.3,49,290 with 6% interest was upheld.
Headnote
The High Court of Karnataka at Bengaluru dismissed an appeal filed by SBI General Insurance Company Ltd. challenging a compensation award under the Workmen's Compensation Act, 1923 -- The appellant Insurance Company contended that no employer-employee relationship existed between the claimant and vehicle owner -- The Court examined the evidence where the claimant testified about his employment as driver with monthly wages of Rs.10,000 -- The vehicle owner filed written statement denying employment relationship but failed to appear for evidence or produce any contrary evidence -- The Trial Court had awarded Rs.3,49,290 with 6% interest from accident date -- The High Court held that the unrebutted testimony of the claimant established the employment relationship -- The appeal was dismissed confirming the compensation award -- The judgment emphasizes that when employer fails to lead evidence against employment claim, the claimant's evidence remains unchallenged and establishes the relationship
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Issue of Consideration: Whether the learned Trial Court had erred in its finding that a relationship of employer and employee existed between the respondent No.1/claimant and the respondent No.2/owner of the vehicle
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Final Decision
The High Court dismissed the appeal and confirmed the compensation award of Rs.3,49,290 with 6% interest from accident date
