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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
New India Assurance Company Ltd. – Appellant
Versus
Sheela – Respondent
| Table of Content |
|---|
| 1. driver employed by owner died in vehicle accident. (Para 1 , 2) |
| 2. parties dispute employment, insurance liability, policy compliance. (Para 3 , 4 , 5) |
| 3. commissioner awarded compensation against insurer; appeal filed. (Para 6 , 7) |
| 4. insurer contests family employment; claimants affirm paid driver. (Para 9 , 10) |
| 5. remanded to prove employment per supreme court precedent. (Para 11 , 12) |
| 6. no cogent evidence proves employer-employee relationship. (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 7. bona fide employment requires documentary proof beyond presumption. (Para 19 , 20) |
| 8. appeal allowed; impugned award set aside. (Para 21) |
JUDGMENT :
SUSHIL KUKREJA, J.
The present appeal is maintained by the appellant/Insurance Company, against the award passed by the Court of learned Commissioner (IV), Shimla, exercising power, under Employee’s Compensation Act, 1923, in Case No. RBT 18-2 of 11/09, decided on 18.07.2013.
2. The brief facts of the case as set up by the claimants are that on 17.11.2008, while Ramakant alias Pankaj (since deceased), who was employed by Ram Swaroop (respondent No. 1 before the learned Court below) as driver in his vehicle bearing registration No. HP-09A- 2085, w
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....
Claimants must prove disputed employer-employee relationship, especially between relatives, with cogent documentary and independent evidence; self-serving testimonies insufficient to impose insurer l....
A temporary employment relationship can be established under the Employees’ Compensation Act without a formal contract, relying on circumstantial evidence and admissions.
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.
Workmen’s compensation - Natural death - Death by heart attack is an accident is well recognized.
The appellants were entitled to compensation for the employee's death as relationship with the employer was established, and the claim was not barred by limitation due to timing of civil death declar....
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