BRAHMU RAM Vs. UNITED INDIA INSURANCE COMPANY

JUDGEMENT

(1.) THIS appeal by the claimants is directed against the order dated 28.1.2005 passed by the Commissioner under the Workmen's Compensation Act, whereby he has rejected the claim petition filed by the claimants.

(2.) THE appeal was admitted on the following substantial questions of law:

(3.) SHRI Romesh Verma learned Counsel for the claimants has contended that there can be no legal bar to a wife employing her husband and since this fact was alleged in the petition and was not denied by the owner of the vehicle, the same stands proved as such. The Insurance Company should have been liable to pay the compensation. He has placed reliance on the judgment delivered by me in Rohit Walia v. National Insurance Company Ltd. and Anr. 2006 ACJ 1795. In that case, this Court held that a brother could have been employed by the other brother and also that it was for the Insurance Company to have given a notice to the owner of the vehicle to produce certain documents such as log book of the vehicle to show whether the deceased was an employee of his brother or not.