Likewise, another decision by this Court in Suraj Munni
& Anr. v. Sachin Bhatia & Anr.11, there was evidence to the effect
that the deceased was employed as a driver to ply a TSR, which was
owned by respondent No.1/employer. Merely, because there was no
written contract between the parties, it was held that such large
commercial agreements are not drafted or executed, and there was no
reason to hold that the deceased was not an employee of the
respondent/registered owner. At the cost of repetition, in the instant
matter, there is no evidence of existence of relationship of employer
and employee.
Insofar as appellant's contention on
the aspect that there was no contract of service, this Court deems it
expedient to refer to the decision of a Co-ordinate Bench of this Court in
Suraj Munni & Anr. v Sachin Bhatia & Anr. reported as 2017 SCC
OnLine Del 11193 wherein it has been held as under:-