1. Heard Sri Krishna Shanker Chaudhary, learned counsel for the appellant and Sri Ram Singh, learned counsel for the respondents-claimant through video conference.
2. Present appeal has been filed under Section 30 of the Employees Compensation Act, 1923 against the award passed by the Commissioner, Employees Compensation Aligarh dated 23.01.2021. By that award, the learned Commissioner has allowed the claim petition filed by the respondents-claimant and awarded compensation Rs.7,52,702/- against the present appellant who is the insurer of the vehicle bearing Registration No. UP 82 D 1873.
3. In short, the Commissioner has found that the aforesaid vehicle was involved in a road accident wherein Rajnish Kumar who was travelling in the vehicle, died.
4. In support of the claim petition, the claimant Ms. Soni (wife of the deceased Rajnish Kumar) was examined. She led evidence to establish that the said Rajnish Kumar was an employee of the owner of the vehicle namely Pankaj Gupta. It appears that she had been offered for cross-examination to the insurer, however, no inconsistency came out during her cross-examination. The owner of the truck was not examined. No other evidence could be led to disprove the claim of the claimant that the deceased Rajnish Kumar was an employee/helper working on the vehicle. In fact, according to the claimant, the deceased Rajnish Kumar had been in the employment of the owner of the truck for the last two years.
5. In the first place, there is no hard and fast rule that privity of contract between the employer and the employee must be established on the strength of documentary evidence and second, in the facts of the present case, no doubt or inconsistency appears to have emerged in the cross-examination of the claimant who led oral evidence to establish master-servant relationship between the owner of the truck and the deceased.
6. That being the position of fact in the instant case, no question of law arises in the present appeal.
7. Accordingly, the present appeal is dismissed as lacking in merit. No order as to cost.
Order Date :- 16.4.2021 Abhilash