LAWS(BOM)-2011-2-96

NARAYAN BANSILAL VAISHNAV Vs. CHAMPATRAO TRYAMBAKRAO DESHMUKH

Decided On February 23, 2011
NARAYAN BANSILAL VAISHNAV Appellant
V/S
CHAMPATRAO TRYAMBAKRAO DESHMUKH Respondents

JUDGEMENT

(1.) Heard Shri S.N. Gaikwad, the learned Counsel for the Appellant. None appears for the Respondents though served.

(2.) The above First Appeal takes exception to the judgment and order dated 14.11.2009 passed by the Commissioner, Workmen's Compensation, Buldhana in W.C.A. No. 17/2004. By the said judgment and order, the application filed by the Appellant was dismissed. The facts involved in the Appeal can be stated thus.

(3.) The Respondent - employer appeared in the said proceedings. He admitted that the jeep, which the Appellant/applicant was driving, was owned by him. However, it was his case that the Appellant/applicant had taken the said jeep for his personal use, he denied that the Appellant /applicant was earning Rs. 1200/per month or that he used to pay him Rs. 30/per day towards Bhatta. He has also denied that on the fatal day i.e. on 04.02.1999 he had asked the Appellant/applicant to carry the persons from Indira Apang Vidhyalaya at Khamgaon. The Respondent prayed for dismissal of the application.