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The Branch Manager National Insurance ... vs Yasminbano Fahimoddin And Ors on 18 February, 2016
cites
Central Mine Planning And Design ... vs Ramu Pasi And Anr on 8 December, 2005
7) Learned counsel for the insurance company
argued much in respect of the contentions of the owner of
the vehicle that the deceased was appointed only for that
day as a driver. It was submitted that he was casual
labourer. Reliance is placed on a case reported as (2006)
1 SCC 377 (Central Mine Planning and Design Institute
Ltd. v. Ramu Pasi). It was submitted that as the driver was
casual worker, it cannot be said that the deceased was
employee of respondent No.1. Facts and circumstances of
each and every case are always different. The driver was
covered under the policy, he was employed to drive the
jeep by respondent No.1 and the driver is covered by
definition of worker. During arguments, learned counsel
appearing for respondent No.1 did not dispute that the
deceased was working as driver with respondent No.1
though the aforesaid stand is taken in written statement.
The Employee's Compensation Act, 1923
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