MEERA DEVI Vs. SANJIV KUMAR

JUDGEMENT

(1.) The verdict, dismissing, petition No.1 of 2009, and, as, made by the learned Commissioner, Employee's Compensation Act, Nadaun, District Hamirpur, H.P., has, hence, led the claimants/successors-in-interest, of, deceased Vijay Kumar, to, assail, the, afore made verdict before this Court.

(2.) Evidently, there exists, a, relationship of employee, and, employer inter se the deceased Vijay Kumar, and, the owner, of, truck bearing No. HR-69-4460. The mere factum of there existing, a, statutorily proven relationship, of, employee, and, employer, inter se the deceased Vijay Kumar, and, the owner of the afore vehicle, would not constrain this Court, to, reverse the impugned verdict, (i) unless, evidence surges forth, and, makes display(s), vis-a-vis, there existing, a, cogently established nexus, inter se, the demise of Vijay Kumar, and, vis-a-vis, his rendering employment, with, his employer (ii) or in other words, it is incumbent, upon, the successors-in-interest of deceased Vijay Kumar, to, through cogent evidence, hence, with aplomb ensure substantiation, vis-a-vis, the trite factum probandum, qua the demise, of, deceased Vijay Kumar, apart from, occurring, during the course of his rendering employment, under, his employer, also, the relevant employment, of, the deceased under his employer becoming the propellant, and, preponderant cause, for, the occurrence, of, his demise. Reiterately, unless, the, afore evidence is existing on record, thereupon, this court would not interfere, with, the impugned award.

(3.) For discerning the afore evidence, from, the records, existing before this Court, the apt upsurgings surging forth, therefrom, rather underscores, vis-a-vis, the deceased proceeding, in, the afore vehicle, to, Leh, hence voluntarily, as, a coolie, for, his unloading thereat, hence, the, tiles carried therein. Evidently, the records also unveil qua, his demise, occurring while the afore truck returning from Leh. Postmortem report, borne, in Ex. Px, makes vivid echoings, vis-a-vis, the cause, of, the demise, of, deceased Vijay Kumar, being a sequel of myocardial infarction, and, sudden death. Nowat, the claimants became hence enjoined, to, adduce evidence in display, qua, the employer, of, the deceased despite holding knowledge, at the time, of, his engaging, the, services of deceased, and, vis-a-vis, his being unable to bear the stress, and, strain of the avocation(s) encumbered upon, him, yet his insisting, to, engage him as a coolie, upon, the afore truck. Necessarily, upon, the afore evidence becoming adduced, would yet coax this Court, to, form a conclusion qua the stresses of the avocation performed, at, the relevant time, by the deceased, hence, accelerating or escalating, the, preexisting symptoms, of, heart ailment, besetting the deceased, (i) and, thereafter this Court, would, be weaned, to, form a further conclusion qua there existing, the, completest nexus, inter se, the demise of the deceased, and, the employment, at the relevant time, hence, performed by him, under, his employer. However, the afore evidence is amiss, and, when hence, the afore causal connection inter se the demise of the deceased, and, the employment performed, at, the relevant time, by him, under, his employer, rather also remains concomitantly unestablished, thereupon, this Court refrains, to, interfere, with, the impugned award.