S. Siri Jagan, J.

The appellant in this MFA is the applicant in WCC No. 82 of 2005 before the Commissioner for Workmen's Compensation, Thiruvananthapuram. He suffered injuries, allegedly while he was working as a loading and unloading employee in a lorry owned by the first respondent and insured with the second respondent, on account of the landslide in a quarry and rocks falling on him and others in the course of such employment. He suffered injuries and disability in the accident. He filed the application seeking compensation from the first respondent for the disabilities suffered by him in the accident. The Workmen's Compensation Commissioner, after taking evidence, dismissed the application on the ground that the appellant was not a worker in the lorry owned by the first respondent but was a worker in the quarry. The said order of the Workmen's Compensation Commissioner is under challenge in this appeal. The appellant's contention is that the appellant had adduced evidence in the form of deposition of himself as well as a co-worker to the effect that both the witnesses were employees in the lorry. Although the respondents cross-examined them elaborately, the respondent