NEW INDIA ASSURANCE CO LTD Vs. BABITA DEVI AND OTHERS
LAWS(P&H)-2014-11-274
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 04,2014

NEW INDIA ASSURANCE CO LTD Appellant
VERSUS
BABITA DEVI AND OTHERS Respondents

JUDGEMENT

- (1.) The present appeal is filed by the Insurance Company challenging the award passed by the Commissioner under the Employee's Compensation Act, whereby compensation was awarded to respondents No.1 and 2 for the death of Charanjit Singh.
(2.) The case of the claimants was that the deceased was repairing truck No.PJA-3585 on 4.11.2005 along with mechanic Ashok and was towards the rear of the truck for removing the tools lying under the vehicle. As luck would have it, the jack slipped and Charanjit Singh got crushed under the truck. It was alleged that the deceased was the employee of the owner of the truck who happened to be his father. The deceased was the driver.
(3.) Learned counsel for the appellant argued that the Compensation Commissioner went absolutely against record in holding that the deceased was the employee of his father i.e. owner of the truck and was earning Rs.4000/- per month. It was contended that there was no evidence worth the name that the deceased was the employee of his father.;


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