SHAKUNTALA TILAKDHARI GUPTA Vs. JAWAHARLAL R. GUPTA

JUDGEMENT

(1.) This first appeal under Section 30 of the Employees Compensation Act, 1923 was admitted on 28 February 2017, challenging the order dated 9 May 2012 passed by the Labour Commissioner, but no substantial question of law was framed at the time of admission. Therefore, the said question is now framed at the time of final hearing and which reads as under :- Whether the Labour Commissioner was justified in rejecting the application for compensation on the ground that the relationship between the deceased and the opponent no.1 of employer-employee was not established ?

(2.) The appellants had served opponent no.1 through paper publication since other modes failed. Brief Facts:-

(3.) As per the applicants, the deceased was working as driver for two months (short duration). It is not in dispute that on the date of accident i.e., 29 March 2009, the deceased was driving vehicle no.MH 04 BH 6522 belonging to the original opponent no.1. The deceased lost his life in the accident while driving the said vehicle and other passengers including opponent no.1 suffered injuries. It was the case of opponent no.1 before the police authorities that for attending funeral of his brother, he had to leave for Rajasthan alongwith his other family members and the deceased was driving the vehicle which met with the accident.