ICICI LOMBARD GENERAL INSURANCE CO. LTD. Vs. SONIA

JUDGEMENT

(1.) This first appeal is filed under Section 30 of the Employees' Compensation Act, 1923 (in short 'the Act') by the insurance company impugning the judgment dated 22.1.2001 by which the claim petition filed by the dependants of the deceased Sh. Rakesh Yadav, employee/driver, was allowed.

(2.) The facts as pleaded in the claim petition were that the deceased Sh. Rakesh Yadav was employed with Gopi Chand, respondent no.1 before the Commissioner (respondent no.7 herein), to drive the vehicle TATA 407 No. UP-17-C-0540. The salary of the employee Rakesh Yadav was Rs.4500/- and a daily allowance of Rs.50/- per day. It was pleaded in the claim petition that on 1.5.2008 in the morning owner/Sh. Gopi Chand insisted that deceased employee drive the vehicle for supplying of milk to certain areas and which the deceased refused because he knew that there was a dispute between Gopi Chand and certain persons in the area and thus a mishappening may occur. However, on being compelled, the deceased Rakesh Yadav took the vehicle for supply of the milk. During the performance of his duty, at Maujpur; Delhi, at about 7.20 a.m, the deceased Rakesh Yadav was attacked by one Vikram and his two sons as they were having grudge for milk not being supplied. As a result of beating, the deceased Rakesh Yadav received multiple injuries and he was declared dead when brought to the G.T.B.Hospital. An FIR under Section 302/34 IPC bearing no. 178/2008 was registered with the police station Seelampur, Delhi where the accused persons are facing trial. It was pleaded that the beating of the deceased employee Rakesh Yadav took place when he was on duty i.e the accident arose out of and in the course of employment, and therefore the dependants were entitled to compensation under the Act.

(3.) Sh. Gopi Chand/employer appeared and filed his written statement denying that the deceased Sh. Rakesh Yadav was his employee. It was pleaded that the vehicle in question was sold by respondent no.1 to one Islamuddin.