NEW INDIA ASSURANCE CO. LTD. Vs. BABBU MIYAN

JUDGEMENT

(1.) This first appeal is filed under Section 30 of the Employee's Compensation Act, 1923 impugning the judgment of the Commissioner dated 8.11.2012 by which the Commissioner allowed the claim petition which was filed by respondent nos.1 and 2, parents of the deceased Ubed.

(2.) The facts as pleaded by the respondent nos.1 and 2 before the Commissioner were that the deceased Ubed was employed as a cleaner on the vehicle bearing no. UP-22C-9785- Tata Truck owned by the respondent no.3 herein/employer. It was pleaded that on 28.8.2006 Ubed died in an accident arising out of and during the course of employment while performing his duty as a cleaner of the truck. On 28.8.2006 the incident is said to have occurred at Saw Mill near Bamanpuri gate, Rampur at about 3.45 p.m. When the driver (respondent no.1/father) asked Ubed to help in reversing the truck, in the process of reversing the vehicle, a live electric came in contact with the hand of Ubed sitting in the said truck, and which resulted in his death.

(3.) The only point which is really argued with force before me by the appellant is that though the respondent no.3 denied the employment of the deceased Ubed with him, the Commissioner in a very cursory manner concluded on the existence of relationship of employer and employee. It is argued that in a case such as the present where no FIR is registered and there is no proof of employment of the deceased Ubed, a self-serving affidavit of respondent no.1/father, and who was himself the driver of the truck, cannot lead to discharge of onus of existence of relationship between employer and employee. Appellant, in this regard, is supported by the respondent no.3 who appears through counsel in this Court.