UNITED INDIA INSURANCE COMPANY LTD. Vs. VINOD KUMAR

JUDGEMENT

(1.) Heard. Dr. Lalit K. Sharma learned counsel appearing for the appellant has confined his submission to the following substantial questions of law:-

(2.) Brief facts necessary for adjudication of the present case are that respondent-Vinod Kumari (herein) filed a petition under Workmen's Compensation Act on the grounds that Singh Ram her husband was employed as a workman with respondent-M/s Gian Chand Satpal Khanna and on 6th May, 1998 he died in the course of his employment as a result of the injuries suffered by him in an accident. As per the petitioner (Vinod Kumari) wages of the deceased at that time was Rs. 1800.00 per month and his age at the time of death was 21 years as his date of birth was 19.1.1977. As per the petitioner, her deceased husband was engaged as a conductor with the truck of the employer and in the course of his employment he died as a result of an accident which took place in the course of his employment.

(3.) The claim of the petitioner was resisted by respondents in their reply filed by employer-M/s Gian Chand Sat Pal Khanna. They took the stand that deceased was not their employee and as such the petition was not maintainable against them. As per them, the person engaged upon the truck as driver was Pinu Ram whereas Mast Ram was the person who engaged with the same as conductor. Present appellant-Insurance Company who was respondent No.2 before learned Commissioner also resisted the claim, inter alia, on the grounds that the driver of the vehicle was not having a valid driving licence nor the vehicle in issue was having requisite certificates, permits etc. and therefore liability of the employer if any could not be fastened upon them. With regard to the contention of claimant that her husband was engaged by M/s Gian Chand Satpal Khanna, the stand taken by present appellant-Insurance Company in its reply was that the claimant was put to strict proof qua the averments made in this respect.