MUMTAZ BEGUM Vs. SADDAM HUSSAIN

JUDGEMENT

(1.) By way of the present appeal filed under Sec. 30 of the Employees' Compensation Act, 1923 (hereinafter, referred to as the 'EC Act'), the appellants/claimants have assailed order dtd. 30/8/2018 passed by the learned Commissioner, Employees' Compensation (NorthEast District), Delhi in Case No. CEC-D/NE/07/2013/674, whereby the claim petition filed by them was dismissed.

(2.) Briefly stated, facts of the case are that the claimants had filed an application under Sec. 22 of the EC Act seeking death compensation in respect of one Tofik/deceased, wherein it was stated that between 12:00- 01:00 A.M. on 5/6/2013, he was driving a three-wheeler bearing No.UP14-DT-1272, when the same was hit by an unknown vehicle. The accident resulted in serious injuries to Tofik. He was taken to GTB Hospital, where he was declared dead. The post-mortem was conducted and the case registered in P.S. Loni, Ghaziabad, U.P. vide FIR No.667/2013 under Ss. 279/304-A IPC. It was claimed that Tofiq (aged about 24 years at the time) was working as a driver with respondent No.1 @ Rs.10,000.00 per month and had died during the course of employment.

(3.) Learned counsel for the appellants submits that the learned Commissioner, in spite of the admission by respondent No.1/employer that the deceased was employed with him, rejected the claim petition in an illegal and arbitrary manner.