RELIANCE GENERAL INSURANCE CO. LTD. Vs. REZWANA KAUSER

JUDGEMENT

(1.) By this first appeal under Sec. 30 of the Employee's Compensation Act, 1923, the appellant/Reliance General Insurance Company Limited impugns the judgment of the Employee's Compensation Commissioner dated 29.2.2016 which has allowed the claim petition filed by the claimants/respondent nos. 1 to 4 herein.

(2.) The facts of the case are that the deceased Md. Tauqir was employed as a helper with the respondent no. 5/M/s Satkar Logistics Private Limited herein, respondent no.1 before the Employees Compensation Commissioner. Md. Tauqir on 15.7.2010 died while falling from the vehicle bearing no. HR-55-J-8545. On account of fall from the vehicle at night where he was sleeping the deceased received injuries and was taken to ESIC Hospital where he was declared brought dead by the doctors. The present claim petition was thus filed pleading that the deceased was drawing Rs.6,000.00 per month and was aged 24 years at the time of his death and since there was an accident resulting in death, hence the claim petition be allowed.

(3.) Respondent no. 5 herein before the Employees Compensation Commissioner contended that Md. Tauqir was not its employee because Md. Tauqir was never employed by the respondent no. 5 as its employee. The employment of the driver of the vehicle Md. Izaz was however admitted by the respondent no. 5.