LATA RAMCHANDRA UBALE Vs. RAMCHANDRA SHANKAR UBALE

JUDGEMENT

(1.) THE Appeal is directed against the Judgment and order dated 29th November, 2010 passed by the Commissioner for Workmen's Compensation & Judge First Labour Court, Pune. THE original Applicant is mother of the deceased namely Lalit Ramchandra Ubale who died in an accident on 13th March, 2000. THE deceased was driving the jeep when he met with an accident. Respondent No.1 Ramchandra Shankar Ubale is the father of the deceased and Respondent No.2 is the Insurance Company. Applicant has filed claim under the Workmen's Compensation Act, 1923 (hereinafter referred to as "the Act"). THE Application was dismissed by the Commissioner mainly on the ground that Applicant has failed to establish her case under Section 3 of THE Act.

(2.) THIS being an Appeal under Section 30 of The Act, the substantial question is as follows:

(3.) LEARNED counsel for the Insurance Company while opposing Appeal submitted that there was no employer employee relationship between the deceased and the Respondent No.1. The Respondent No.1 was the owner of a jeep and the deceased being his son was the co�owner of the jeep. He was never in employment as a driver of Respondent No.1. The evidence of the Applicant that she was residing separately and her relationship with her husband was strained is false and the Commissioner has rightly discarded the said evidence by rejecting the claim. The Applicant was never dependent on the income of the deceased. He argued that the insurance company has adduced evidence to assail the case of the Applicant and the commissioner has rightly relied on the said evidence and has dismissed the claim.