ORDER :

Arun Mishra, J.—Leave granted.

Heard learned counsel for the parties.

One Ubed, since deceased was a cleaner of Tata Truck bearing no. UP-22C-9785 (in short 'the Truck') owned by respondent No.2- Naresh Chand Saxena (in short 'the owner') and insured by respondent No.1 -New India Assurance Co. Ltd.(in short 'the insurer').

2. On 28.08.2006 Truck was unloaded at Saw Mill, near Bamanpuri Gate, Rampur, at about 3.45 p.m. When Truck was reversed, Ubed- the deceased, who was helping the Truck driver in the process, came in touch of live electric wire and due to electrocution, he died on the spot. Consequently a Claim Petition was preferred before the Court of Commissioner under the Workmen's Compensation Act (in short 'the Commissioner') at Delhi.

3. The owner of the vehicle in the written statement denied the factum of accident and also the factum of employment. On 21.01.2009 the insurer got the report of its surveyor, in which it was found that Ubed was in the employment as Cleaner and he died in the accident. The Commissioner relying upon the evidence adduced, report of surveyor, First Information Report (FIR) etc. held that Ubed was in the employment and he was a workman and co