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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
JITENDRA JAIN
Shakuntala Tilakdhari Gupta – Appellant
Versus
Jawaharlal R. Gupta – Respondent
JUDGMENT :
JITENDRA JAIN, J.
1. This first appeal under Section 30 of the Employees’ Compensation Act, 1923 was admitted on 28 February 2017, challenging the order dated 9 May 2012 passed by the Labour Commissioner, but no substantial question of law was framed at the time of admission. Therefore, the said question is now framed at the time of final hearing and which reads as under :- “Whether the Labour Commissioner was justified in rejecting the application for compensation on the ground that the relationship between the deceased and the opponent no.1 of employer-employee was not established ?”
2. The appellants had served opponent no.1 through paper publication since other modes failed.
Brief Facts :-
3. As per the applicants, the deceased was working as driver for two months (short duration). It is not in dispute that on the date of accident i.e., 29 March 2009, the deceased was driving vehicle no.MH 04 BH 6522 belonging to the original opponent no.1. The deceased lost his life in the accident while driving the said vehicle and other passengers including opponent no.1 suffered injuries. It was the case of opponent no.1 before the police authorities that for attending funeral of his
Vehicle owner hiring driver for short duration establishes employer-employee relationship under Employees’ Compensation Act via oral/implied contract, proved by owner’s FIR without written proof.
A temporary employment relationship can be established under the Employees’ Compensation Act without a formal contract, relying on circumstantial evidence and admissions.
Workmen’s compensation - Natural death - Death by heart attack is an accident is well recognized.
Claims for compensation under the Employees' Compensation Act require credible evidence supporting the employer-employee relationship, with familial ties alone deemed insufficient.
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