DTC Vs. VEDA RANI

JUDGEMENT

(1.) THIS first appeal is filed under Section 30 of the Employees Compensation Act, 1923 (in short 'the Act') impugning the judgment of the Commissioner dated 27.8.2008 by which the claim petition filed by the dependants of the deceased driver Rajbir Singh was allowed.

(2.) IT was not disputed before the Commissioner and is also not disputed before this Court that the deceased driver Rajbir Singh was working with the appellant and his services were placed with the appellant by the agency namely M/s Neelkanth Placement Service. It is also not disputed that the death of Sh. Rajbir Singh took place on account of an accident while he was on duty on 6.10.2004 and ultimately he died on 24.10.2004.

(3.) THEREFORE , though the deceased driver was formally employed by M/s Neelkanth Placement service but since he was working actually with the appellant/DTC, Section 12 of the Act comes into play, making the appellant liable to make payment of the amount in case of an accident arising out of and in the course of employment and which aspect is not disputed.