NAEEM AND ORS. Vs. MOHD. SALIM AND ANR.

JUDGEMENT

(1.) By this appeal under Sec. 30 of the Employee's Compensation Act, 1923 the appellants/claimants impugn the judgment of the Employees Compensation Commissioner dated 15.01.2016 dismissing the claim petition on the ground that the deceased Habib was found under the influence of alcohol at the time of accident, and hence there is no liability of the respondents in view of the Sec. 3(1) Proviso (b)(i) of the Employee's Compensation Act.

(2.) The facts of the case are that the deceased Habib was employed as a Driver on the TSR/vehicle bearing registration No. DL-1LF-5330 owned by the respondent no.1 herein and who was the also the respondent no.1 before the Employees Compensation Commissioner. An accident took place on 30.01.2008 at about 10 :10 pm when the deceased was driving the vehicle and he died as a result of the injuries received in the accident. FIR No. 37/2008 was registered at Police Station Mandawali Fazalpur at Delhi and post-mortem of the deceased was conducted in GTB Hospital, Shahdara, Delhi.

(3.) The respondent no.2/Insurance Company herein was also the respondent no.2 before the Employees Compensation Commissioner. Respondent no.2 filed its written statement and contested the claim petition. It was inter alia pleaded in the written statement that the deceased did not have a valid driving licence at the time of the accident.