ROHIT WALIA Vs. THE NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This appeal under Sec. 30 of the Workmen's Compensation Act, (hereinafter referred to as the Act) is directed against the award of the Commissioner, Workmen's Compensation (Rural), Shimla in case No. 3/95 whereby he dismissed the petition fled by the claimants.

(2.) The allegations in the claim were that claimant Rohit Walia had been employed by his brother, Ramesh Kumar, as a driver on Swaraj Mazda No. HIS- 3093. it was further alleged that while he was driving the said vehicle, the same met with an accident on 7.1.1994 resulting in serious injuries to the claimant. As a result of injuries, he suffered 100% disability. The owner of the vehicle did not deny the relatiowship of employer and employee and also did not deny the wages being paid to the deceased. It was, however, submitted that since the vehicle was duly insured, the liability to pay compensation is that of the Insurance Company. The Insurance Company took up various pleas. One of the pleas taken was that the petitioner was not driving the vehicle during the course of employment and that he was not employee of Ramesh Kumar. It was also alleged that unauthorized persons were being carried in the vehicle. It was also averred that the petitioner is collusive It was also alleged that driver did not have a valid driving license.

(3.) The Commissioner has come to the conclusion that it cannot be believed that the younger brother would employ an elder brother as a driver of the truck. He has further held that the petitioner wage only in possession of learner license and as such the Insurance Company is not liable. I