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2005 Supreme(Kar) 221

K.SREEDHAR RAO
ORIENTAL INSURANCE CO. LTD. – Appellant
Versus
HANUMANT – Respondent


Advocates:
B.V.NAGARATHNA, N.Shankar Rangarezi, Ravendra Merwade

K. SREEDHAR RAO, J.

( 1 ) THE insurer is in appeal. The respondent No. 1 is the injured-claimant and son of the respondent No. 2. The respondent No. 2 is the owner of mahendra jeep. In the motor vehicle accident occurred on 8. 7. 1999, respondent No. 1 sustained simple injuries. The disability certificate at Exh. P-7 dated 7. 8. 2001 shows that injuries have resulted in restricted and painful movement of knee. The doctor has assessed disability at 5 to 10 per cent. The Workmen's Compensation commissioner has assessed the disability at 15 per cent. It was the contention before the Workmen's Compensation Commissioner that respondent No. 1 was employed in the jeep by respondent No. 2. In view of the father and son relationship, it is argued by the insurer that there exists no relationship of employer and employee to entertain the claim under Workmen's Compensation Act, Commissioner, Workmen's compensation overruled the objection and granted compensation of Rs. 39,324 assessing disability at 15 per cent and taking the wages as Rs. 2,000-60 per cent of rs. 2,000 as the wages and 218. 47 the statutory factor. The following questions arise for consideration in this appeal: (i) When respon






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