IMPORTANT POINT
The main legal point established is the determination of an employer-employee relationship and the entitlement to compensation under the Employees Compensation Act.

JUDGMENT

1. Bothe the Civil ]Miscellaneous Appeals were filed by the appellant/2nd Opposite Party aggrieved by the order in W.C. No.10 of 2021 dtd. 30/12/2022 on the file of Assistant Commissioner of Labour, Guntur (for short "the Tribunal") and the order in W.C. No.3 of 2020, dtd. 31/1/2023 on the file of the Deputy commissioner of Labour, Guntur.

2. Since the issue involved in the two appeals is one and the same, they are being disposed of by this common judgment.

3. For the sake of convenience, the parties will hereinafter be referred to as arrayed before the Tribunal.

4. The averments in the claim petition filed under Sec. 166 of the Motor Vehicles Act in W.C.No.3 of 2020, are as under:-

The applicant by name Shaik Moulali was hale and healthy and aged about 22 years, at the time of accident he was the sole bread winner of his entire family. He is permanent resident of Old Mangalagiri, Mangalagiri Mandal, Guntur District that he sustained grievous injuries during the course of employment in the motor accident that occurred on 30/6/2019 at NH.16 Opp. Kalvari Temple, Namburu Village, Pedakakani Mandal, Guntur District. The Opposite Party No.1 is the Proprietor of "K" Mart Super Market, Mangalagiri and the applicant used to attend his duties as Stock Incharge as per the instructions given by the Opposite Party No.1. On 30/6/2019 the OP.1 instructed his employees i.e., the applicant Shaik Moulali and the deceased Chennamsetti Venkatesh, Chennamsetti Srinivasa Rao who is working as Purchase Incharge under OP.1, to get packing covers from Narasaraopet. It is further stated that the Opposite Party No.1 also gave his motor cycle (Honda CB Shine) bearing Registration No.AP 39 J 1587 to the deceased Chennamsetti Venkatesh and the applicant for getting packing covers from Narasaraopet. The said motor cycle is insured with OP.2, vide Policy No.SB006439 period of insurance for OD and PA from 22/2/2019 to 21/2/2020 and period of Insurance for TP from 22/2/2019 to 21/2/2024.

While the matter stood thus, on 30/6/2019 at about 10.30 P.M., when the applicant and the deceased reached opposite to Kalvari Temple, Nambur Mandal, an unidentified vehicle running in the same direction came from back side of the motor cycle in a+ rash and negligent manner, dashed the subject motor cycle from back side and went away without stopping the vehicle. As a result of which, the applicant fell on divider and received serious injuries to his both legs and other multiple injuries which are grievous in nature. The rider of the motor cycle i.e., Chennai Venkatesh sustained severe head injuries and died on the spot. The applicant shifted to Government general Hospital, Guntur for treatment and underwent multiple operations over his legs. The applicant has spent around Rs.2,00,000.00 towards medical expenditure, transport nutrition and other charges and the Medical Board, GGH, Guntur issued disability certificate dtd. 17/11/2020 with 68% of disability. Hence prayed to grant compensation of Rs.10,00,000.00 at 12% p..from the date of realization.

5. The Opposite Party No.2 has filed Chief Affidavit as RW.2 stating that he was working as Legal Manager-Claims in the OP.2 company and looking after all the legal matters. He submitted that the petition is not maintainable as there was no employer-employee relationship with OP.1 and they do not come under purview of WC Act, and hence on this ground petition is liable to be dismissed.

6. During the course of examination, the Tribunal framed the following issues:

1) Whether there is employee-employer relationship between the applicant and the OP1?

2) If so, for what compensation the applicant is entitled to? And who has to pay the compensation?

7. After careful examination and after considering the entire material available on record, the Tribunal has held that the Opposite Party No.1 and the Opposite Party No.2 i.e., appellant herein are jointly and severally have to deposit an amount of Rs.8,16,666.00 before the Commissio