GOPAL PRASAD SAHU Vs. AKASH KAAGLIWAAL

JUDGEMENT

(1.) This Miscellaneous Appeal has been filed by the appellant under Sec. 30 of the Employee's Compensation Act, 1923 (for short "the Act, 1923") against the award dtd. 21/2/2019 passed by the learned Commissioner, Employee's Compensation Act, Labour Court, Ambikapur, District Surguja (C.G.) in Case No. 60/ of law in holding that claimants/appellants could not prove that the deceased was an employee of employer/respondent No.1?"

(2.) The brief facts reflected from the record are that the claimant filed an application under Sec. 22 of the Act, 1923 before the Commissioner, Employee Compensation (in short "the Commissioner") mainly contending that the respondent No. 1 is the owner of the vehicle Bolero Jeep bearing No. MP 09 V 5608 and insured with respondent No. 2.

(3.) The claimant's son Deepak Sahu who was an experienced driver employed with respondent No. 1 since 2014 was getting salary Rs.10,000.00 per month. It has been further contended that on 25/7/2014, when the deceased Deepak Sahu was driving the vehicle at Dalocha Ghat, all of a sudden the steering of the vehicle seized imbalanced the vehicle and consequently dashed with the tree. Due to the accident, the driver of the vehicle suffers severe injury and due to the injury sustained by him, he succumbed to death. The appellants/claimants are dependent upon the earning of the deceased and have claimed compensation of Rs.15,00,000.00 against the respondent.