BABLU NAMDEV BANKAR Vs. KIRAN VASANTRAO KOTWAL

JUDGEMENT

(1.) This first appeal is preferred by the respondents against whom an award is passed by the Commissioner of Workmen's Compensation Bhandara.

(2.) Facts giving rise to this appeal are as under:

(3.) Respondent No. 1 contended that the deceased was not his employee. He had never handed over the truck to the deceased for being driven by him. He contends that he had engaged one Asghar Ali as driver but on the date of the accident Asghar Ali was on leave and without the knowledge of the respondent no.1 the vehicle was taken away by respondent Nos. 3 and 4 and they engaged the deceased as the driver. He submitted that, therefore, he is not liable to pay compensation.