UNITED INDIA INSURANCE CO. LTD. Vs. SUSHILA DEVI

JUDGEMENT

(1.) The appellant has challenged the impugned order of the Commissioner, Employees' Compensation whereby compensation of Rs.4,23,580.00 has been awarded.

(2.) On 11th Aug., 2005, Pappu @ Vinod was driving Tanker No.MH04 CA 3697 which met with an accident with truck bearing No.MP05 RD 2859 near Chikhal-Ohol Guest House near, Km. stone No. 298/6, Mumbai Agra Road. The driver, Pappu suffered fatal injuries due to the accident. The police registered FIR No. 146/05 under Sections 279/304A/337/427 Penal Code at P.S. Malegaon Taluka, District Nasik.

(3.) The deceased, Pappu was survived by his widow, two minor children and parents who file the application for compensation before the Commissioner, Employees' Compensation claiming that the deceased was driving the offending vehicle during the course of his employment with respondent No. 2. Respondent No. 2 contested the claim application on the ground that the deceased was not employed by him as a driver. The appellant admitted the insurance policy but contested the claim on the ground that respondent No. 2 has denied the relationship of the employment.