PYAARI BAI W/O LATE DHANESHWAR YADAV Vs. JEEVAN LAL YADAV S/O LATE SHYAMLAL YADAV; UNITED INDIA INSURANCE COMPANY LTD

JUDGEMENT

(1.) This appeal is by the claimant under Sec. 30 of the Employees' Compensation Act, 1923 (in short "the Act") against the judgment dated 6.11.2015 passed by Commissioner, Employees' Compensation Act, Labour Court, Durg (CG) in Case No.10/WC Act/2014 Fatal, whereby the claim petition filed under Sec. 10 of the Act has been dismissed.

(2.) As per averments in the claim petition, deceased Dhaneshwar Yadav, husband of the claimant, was under the employment of nonapplicant No.1 Jeevanlal Yadav as a driver of his tractor bearing No. CG 07 ZG 0161. On the date of accident i.e. 4.4.2013 while Dhaneshwar Yadav was thrashing the grams by driving the said tractor, the scarf (gamchha) worn by the deceased got stuck in the thrasher leading to his death. At the time of accident, the said vehicle was duly insured with non-applicant No.2/United India Insurance Co. Ltd. At the relevant time, the deceased was 28 years of age and was earning Rs.9000.00 per month as a driver.

(3.) On claim petition being filed by the claimant, wife of the deceased, the Commissioner dismissed the claim petition solely on the ground that there is no relationship of employee and employer between the deceased and non-applicant No.1 as the deceased was son of nonapplicant No.1. The Commissioner has also recorded a finding that income of the deceased has not been established because according to the claimant, the deceased was earning Rs.6000.00 per month whereas non-applicant No.1 states that he was paying to the deceased Rs.5000.00 per month plus Rs.50.00 per day towards allowance.