J U D G M E N T

The instant appeal has been filed by the insurance company challenging the award passed by the Commissioner under the Workmen's Compensation Act/Deputy Commissioner, Dindigul in E.C.No.92 of 2014 primarily questioning the employer employee relationship.

(A)Factual Matrix:

2.According to the claimants, the deceased was working as a driver under the first respondent and earning a sum of Rs.8000/- per month as salary. He had taken a vehicle on 03.01.2014 and while returning, when he was washing the Car, he got himself entrenched in the mud and passed away. Since he had died in the course of the employment, the first respondent is liable to pay compensation and in turn the second respondent insurance company. The claimants had prayed for a compensation of Rs.10,00,000/-.

3.The second respondent had filed a counter contending that the first respondent is not the owner of the vehicle and he had already sold the said vehicle to one Senthilkumar on 30.11.2013. That apart, the F.I.R was registered by the father of the deceased and in the said F.I.R, he has specifically stated that the father of the deceased is the owner of the Car.

Therefore, there is no employer employee relati