This appeal is at the instance of the Insurance

Company calling in question the legality and validity of the

award dated 21.04.2010 in WCA/NFC/CR-331/2007 passed

by the Labour Officer and Commissioner for Workmen

Compensation, Mysore District, Mysore.

The short grievance of the appellant/insurance

company is that the finding of the learned Commissioner

that there was employer-employee relationship between

the insured-owner of the tractor and trailer bearing

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Reg.No.KA-10/T-2577 and the claimant is based on no

evidence and further that the claimant himself suffered

injury while feeding jowar to the threshing machine

attached to the tractor and therefore, the policy of

insurance issued by the appellant-insurance company does

not cover such a risk.

3.

The dispute in this appeal arises in the following

factual matrix.

It is the case of the claimant that on 27.11.2006 at

about 11.00 am, while he was working as an employee

under respondent No.1 Sri.H.B.Puttaswamappa (before

learned Commissioner) who is the owner of the tractor and

trailer in question and insured with the appellant/insurance

company, he suffered injury and his right leg was

amputated. According to him, as per the ins