SMT. SANTOSH BHATNAGAR Vs. MADAN LAL

JUDGEMENT

(1.) By way of this appeal filed under Section 30 of the Workmen's Compensation Act, the appellant has prayed for setting aside judgment dated 22.09.2009 passed by learned Commissioner under Workmen's Compensation Act in case No. 01/2007, vide which learned Commissioner dismissed the application so filed before it for compensation by the present appellant as not maintainable.

(2.) Brief facts necessary for adjudication of the present case are that an application was filed by the appellant/applicant Mrs. Santosh Bhatnagar before learned Commissioner under Workmen's Compensation Act on the ground that she was mother of deceased Umesh Bhatnagar who was employed in the hotel of the present respondent. As per the claimant, on 03.07.2005 at around 10.30 A.M. deceased Umesh Bhatnagar was working in the hotel of respondent and in course of his employment he fell in a water tank situated at the ground floor of the hotel. Immediately after the accident, Umesh Bhatnagar was taken to Katra hospital where he was declared dead by the Doctors. As per the claimant, total income of the deceased was Rs. 4,000/- P.M. and his age was 35 years at the time of his death. Claimant accordingly claimed compensation for an amount of Rs. 6,00,000/- alongwith interest and penalty from the date of accident.

(3.) In reply filed to the claim petition on behalf of the respondent, he denied the factum of deceased being his employee and in his reply he took the stand that there existed no relationship of an employer and employee between him and Umesh Bhatnagar at any point of time.