NATIONAL INSURANCE CO. LTD. Vs. RAIS AND ORS.

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 26.2.2015 passed by Workmen Compensation Commissioner/Deputy Labour Commissioner, Moradabad Region, Moradabad in Case No.E.C.A. 70 of 2013, Rais Vs. National Insurance Company Ltd. and others.

(2.) Heard Shri Anand Kumar Sinha, learned counsel for the appellant.

(3.) The impugned judgment and order have been assailed on the grounds that (i) there was no relationship of employer and employee between the deceased and respondent no.2/owner of the vehicle; (ii) at the relevant time the deceased had no valid driving licence. He has been erroneously held to be a driver, which the law does not permit; (iii) accident, wherein the deceased died, not arose out of the use of the said vehicle and (iv) accident, which resulted in the death of the deceased, had no nexus with his duty as employee, therefore, the death is not in the course of the employment.