RINKU DEVI Vs. ABHIMANYU SINGH

JUDGEMENT

(1.) This appeal under Section 30 of the Workmen s Compensation Act 1923 is directed against the judgment and award dated 17.11.2003 passed by the Presiding Officer, Labour Court Ranchi in W.C Case No. 03 of 2000 whereby he has dismissed the claim application filed by the appellant claiming compensation on account of death of her husband.

(2.) The appellant filed the aforementioned claim case being W.C. Case No. 03 of 2000 stating inter alia that her husband was under employment of respondent since the year 1992. During the course of employment under respondent No. 1, the deceased Dhananjay Singh @ Bablu Singh obtained driving licence for Light Motor Vehicles from 15.4.1996 till 14.4.1999 and thereafter, her husband obtained driving licence for Heavy Motor Vehicles from 15.4.1999 till 14.4.2002 from District Transport Officer, Ranchi. Since then, the deceased was, driving the vehicle as a driver of the respondent. The claimant-appellants further case was that during the course of employment, the deceased was assigned work to transport waste paper from Ranchi to Kharsariya. Accordingly, the deceased reached Kharsariya on 23.11.1999 and stopped the truck at Madanpur Chowk where he suddenly fell ill. Hence he was accompanied by khalasi Mohan Kumar. Because of illness, the husband of the appellant died on 23.11.1999 at Kharsariya. The claim case was contested by the respondent by filing written statement denying the relationship of employer and employee. According, to the respondent, deceased Dhananjay Singh @ Bablu Singh was never employed by the respondent. The respondent s further case was that the death of Bablu Singh never took place in the course of employment.

(3.) The Tribunal after considering the facts of the case and the evidence available on record, held that not a single chit of paper was produced in support of relationship of employer and employee in between the deceased and the respondent. On the other hand, sufficient documents were produced by the respondent who is the owner of the vehicle, to show that the deceased was not engaged as a driver in the truck. Accordingly, the claim application was dismissed.