SODI SINGH Vs. RAM DASSI & ANOTHER

JUDGEMENT

(1.) This appeal is instituted against the order dated 24.9.2015, rendered by the learned Commissioner, Workmen Compensation, Rampur Bushahar, Distt. Shimla, H.P. in case No. WCA/0300048/2012.

(2.) Key facts, necessary for the adjudication of this FAO are that respondents No. 1 & 2 have filed claim petition seeking compensation on account of death of their son, namely, Rajinder in accident on 16.4.2009. According to the averments made in the petition, the appellant has had employed their son as driver on monthly wages of Rs. 4,500/-. He was workman. The respondents were wholly dependent on the deceased. The accident took place near Jeori at Badhal jungle. Rajinder as well as passengers died in the accident. Rajinder was 23 years of age at the time of death. FIR No. 48 was registered. The appellant paid Rs. 50,000/- to the respondents and assured to make remaining amount of compensation shortly. However, appellant did not make any payment thereafter.

(3.) The petition was contested by the appellant. He claimed that the deceased was not his driver. The deceased had taken the vehicle without his permission. The employer-employee relationship was denied. He claimed that the deceased was workman of L & T Company. The L & T Company had hired his vehicle on monthly basis. Agreement could not be executed due to non-availability of authorized signatory of the Company. He had paid amount of premium for insurance of the vehicle, but insurance policy could not be obtained due to non-availability of vehicle for inspection. He had employed one Ranjesh Kumar as driver upon his vehicle. He had paid Rs. 2,50,000/- to the respondents.