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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
REKHA BORANA
Cholamandalam Ms General Insurance Co. Ltd. – Appellant
Versus
Bagtu Bai W/o Hajari Lal Gurjar – Respondent
JUDGMENT :
REKHA BORANA, J.
1. The present appeal has been preferred against the judgment and award dated 02.08.2024 passed by Motor Accident Claims Tribunal, Rajsamand in MAC Case No.120/2022 (CIS No.120/2022) whereby the learned Tribunal awarded a sum of Rs.10,95,181/- in favour of the claimant alongwith interest holding appellant Insurance Company also jointly and severally liable to pay the compensation.
2. Brief facts as pleaded in the claim petition are that Ramesh Gurjar was employed as a khalasi/cleaner on pickup bearing registration No.RJ-30-GA-9031, owned by respondent No.3. On 01.07.2021, he was travelling from Bundi towards Devgarh in the said pickup. At around 12:00 -1:00 PM, upon reaching near Gageda Gaon, the pickup being driven rashly and negligently by respondent no.2 driver, overturned, resulting in the fatality of Ramesh Gurjar. FIR No.0185/2021 pertaining to said accident was lodged at Police Station Gulabpura.
The offending vehicle, on the date of the accident, was insured with the appellant Insurance Company.
3. The claimant being the mother of deceased Ramesh Gurjar claimed compensation to the tune of Rs.51,50,000/- with an averment that her son used to work as Kh
Familial relationships do not negate the existence of an employer-employee relationship, and insurance coverage applies when premiums for the employee's risk are paid.
The central legal point established in the judgment is the requirement for irrefutable evidence to establish the employee-employer relationship and the importance of statutory requirements in fixing ....
The insurance policy's terms and conditions, including the coverage of risk for employees, are crucial in determining the liability of the insurance company to pay compensation.
Employer-employee relationships can be valid even among relatives; compensation interest must start from the accident date, not the award date.
Claimants must prove genuine employer-employee relationship with cogent evidence, especially documentary proof, when deceased is family member of owner; self-serving testimonies and fabricated docume....
The court established that the relationship of employer and employee can be established indirectly, and the insurer cannot escape liability based on the established facts and legal provisions.
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