( 1 ) HEARD the counsel for the appellant Mr. S. V. Hegde Mukund. This appeal arises from the judgment and award dated 30. 9. 1997 given by the workmen's Compensation Commissioner, davanagere in Case No. Kanappa:cr 92 of 1996 awarding compensation to the tune of Rs. 1,57,427 in favour of the respondent no. 1, cleaner of the lorry in question.

( 2 ) THE facts of the case in a nutshell are that, while moving in the goods vehicle belonging to the employer, in his capacity as the cleaner of the vehicle on 23. 2. 1996, the claimant, respondent No. 1 sustained injuries causing permanent disablement. The claimant made the claim for compensation and according to him he was getting Rs. 1,500 as monthly wages and rs. 40 as bhatta per day. The claimant's case was that he suffered injuries on account of the accident in and during the course of employment.

( 3 ) THE notices were issued, the employer put in appearance through his counsel. He has not filed any written objections. Whereas the insurance company has filed the objections denying the claim of the claimant alleging that the claimant has to prove his case.

( 4 ) THE Workmen's Compensation Commissioner after perusal of the ev