USHA DEVI Vs. PRADEEP KUMAR

JUDGEMENT

(1.) The present Appeal is filed by the Appellants/Claimants in terms of Sec. 30 of the Employees Compensation Act, 1923.,[EC Act] assailing the Impugned Order, dtd. 15/1/2016 passed by the learned Labour Commissioner, Vishwakarma Nagar, New Delhi,[Commissioner] whereby the Claim Application bearing No. CEC-D/ED/25/09/49,[Claim Application] filed under Sec. 22 of the EC Act was dismissed.

(2.) Briefly stated, it was the case of the Appellants/Claimants that on 2/7/2009 at about 6.00AM, the deceased Sh. Surender Kumar who was working as a Driver with Respondent No.1 on monthly wages of Rs.6000,.00 met with an accident while driving a TSR (Three-wheeled Scooter Rickshaw) bearing No.DL-1RL 6471 at Madanpur Khadar near Badarpur, Delhi, resulting in his death. Subsequently, Post-mortem was conducted at Jai Prakash Narayan Hospital, Delhi and FIR No.187/2009 was registered by the police.

(3.) During the proceedings before the learned Commissioner, the Respondent No.1/Pradeep Kumar/Employer denied the Employer1 Employee2 relationship in his Written Statements and also the fact that the deceased was drawing wages of Rs.6000.00 per month. Further Respondent No.2/M/s Future Generali Insurance Co. Ltd. and Respondent No.3/Mukesh Kumar Bhaskar in their respective Written Statements contested the claim and pointed out that the deceased had no valid permit to drive a TSR and this was in violation of the Motor Vehicles Act, 1988, and thus, they are not liable for any Compensation.