NATIONAL INSURANCE CO LTD Vs. DHEERAJ SINGH

JUDGEMENT

(1.) This appeal in terms of Section 13 of the Employees' Compensation Act, 1923 (hereinafter referred to as the "Act") filed by the National Insurance Company Ltd. is directed against the award dated 12.12.2012 passed by the Commissioner, under Employees Compensation Act (ALC), Jammu (hereinafter referred to as the "Commissioner") in File No.INJ-68-EC Act/10 titled "Dheeraj Singh vs. National Insurance Company Ltd and another, whereby respondent No.1 (hereinafter referred to as the "claimant") has been held entitled to a sum of Rs.12,28,161/- along with interest at the rate of 12% per annum.

(2.) Briefly stated the facts leading to the filing of this appeal are that respondent No.2 herein, the owner of the Truck bearing Registration No. JK02AR-7395 had engaged his son Dheeraj Singh, claimant herein as Driver to drive his Truck. On 20th August, 2010, while the claimant was driving the Coram:

(3.) On being summoned, the insurer appeared before the Commissioner and resisted the claim petition of the claimant on numerous grounds. Even the relationship of employer and employee existing between the claimant and respondent No.2 was also denied. It was claimed that the claim petition had been filed by respondent Nos. 1 and 2 in collusion.