MAYA DEVI Vs. SANJEEV KUMAR

JUDGEMENT

(1.) The present appeal directs challenge against order dtd. 13/6/2012 passed by the Commissioner under Employees Compensation Act, 1923 whereby application filed by the claimants for grant of compensation on account of death of Rakesh Kumar has been dismissed.

(2.) The facts relevant for disposal of present appeal are that as per case of the appellants, Rakesh Kumar was working as a driver on Mahindra Pick Up bearing No.HR-37-B-7454 at salary of Rs.4000.00 per month with the respondent. On 23/6/2007, the respondent directed him (Rakesh Kumar) to bring malba from the NCC Public School to put the same in a pit in the saw mill of the respondent. The deceased went to school on a rehri and found no malba in the ground of the school. On the roof of the school, a pipe was lying and the deceased picked up the pipe for placing the same in its place. The pipe struck against electric wire hanging over the school and the deceased was electrocuted and received multiple burn injuries. He was taken to Civil Hospital and later shifted to Government Medical College and Hospital, Sector 32,Chandigarh for treatment but he died in the hospital on 27/6/2007. The deceased was 40 years old and he died due to an accident which took place during course of his employment with the respondent.

(3.) The respondent filed reply and in turn denied relationship of employer and employee between them. The deceased was doing his own business of keeping buffaloes and selling milk. The deceased had never worked with him as a driver.