The central legal point established in the judgment is the need for a causal relationship between the accident and the employment, and the principles for determining the course of employment and arising out of employment under the Employee's Compensation Act.

JUDGMENT :

1. Heard Shri. Rahul Sahai, learned counsel for the appellant and Shri Ved Mani Sharma, learned counsel for the respondents.

2. This first appeal has been filed against award dated 30.10.2013 passed by Workmen's Compensation Commissioner/Assistant Commissioner, Bareilly, in Case No. 16/E.C.A/12 (Smt. Warishan and others Vs. Reliance General Insurance Co. Ltd. and another) by which the learned Commissioner has awarded compensation of Rs. 5,19,154/- along-with 8% simple interest per annum from the date of award.

3. Before the learned Commissioner an application was filed under Employees Compensation Act, 1923 as amended in the year 2010 for award of compensation. In the application it was alleged that the husband of the claimant Shakeel Shah alias Shakir Shah was driver of defendant no. 2 in his private car bearing registration no. U.P 25-E/4065 on payment of Rs.6,000/-per month with other expenses. On 15.09.2011, the deceased was coming from Pilibhit to Bareilly by that car, at about 7 p.m., on the turn of village Gotiya the car suddenly became out of order and stopped. The deceased came out of the car and standing on the road side, he started giving information on phone to the car owner. While he was giving information, some unknown vehicle dashed the deceased because of which he sustained serious and fatal injuries. He was taken to Mahajan Hospital, Bareilly for treatment from where he was referred to Lucknow Medical College where he was admitted and died on 22.09.2011. FIR was lodged in respect of the accident and offence was registered as crime no. 962/2011 under Section 279, 338, 304-A I.P.C. The car owner gave Rs. 25,000/- for the treatment of the deceased and nothing more was provided despite the demand raised by the claimant. The car owner said that the compensation can be claimed from the Insurance Company and relevant papers was given by him to the claimant. The said car was insured with the Insurance Company at the time of accident. Therefore, the petition was filed for compensation.

4. Notices were sent and despite service the car owner did not appear and the case was proceeded against him ex-parte on 1.09.2012. Insurance Company filed written statement denying the allegations of the application and stating that the deceased was not an employee with the car owner nor any accident took place by that car nor at the time of accident, the deceased was in the course of employment of the car owner. The age and salary was also denied. The petition has been filed by framing false story and the petitioners are not dependant of the deceased. The said car was being driven in violation of the Insurance policy.

5. The following issues (translated in English) were framed on the basis of pleadings of the parties:

1. Whether the deceased Shakeel Shah alias Shakir Shah was employed as driver of defendant no. 2 for his car bearing registration no. U.P 25-E/4065 and in the course of employment on 15.09.2011, the accident took place and because of sustained injuries during treatment he died on 22.09.2011?

2. Whether the car U.P 25-E/4065 of defendant no. 2 was insured on the date of accident and was been driven by driver having valid and effective driving licence?

3. Whether the claimants are dependants of the deceased at the time of accident?

4. Whether the defendant no. 2, the car owner was giving monthly salary of Rs. 6,000/- to the deceased and what was the age of the deceased at the time of accident?

5. Whether the claimants are entitled for compensation, if yes, how much and from which defendant.

6. From the side of claimant the mother of the deceased was examined and as documentary evidence registration certificate of the car, insurance policy, driving licence of the deceased, the copy of FIR, site map, final report, post-mortem report, inquest report, papers relating to treatment of the deceased, written report given in respect of accident, X-Ray and Ultrasound report of the deceased, bills of purchase of medicines, informati