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Gottumukkala Appala Narasimha Raju & ... vs National Insurance Co. Ltd. & Anr on 20 February, 2007

The perusal of the aforesaid decision of the Honourable Apex Court makes it clear that there could be employer and employee relationship between the close relatives, but there should be evidence. I could see that the claimant might have thought that his mere deposition was much more sufficient, coupled with the counter of the first respondent, to prove his case. But I am of the considered opinion and too in the wake of the above decision of the Honourable Apex Court, that some more evidence is required and the claimant/appellant could be give one more opportunity to put forth his further evidence before the Deputy Commissioner for Workmen's Compensation to prove that he happens to be the employee of his own father at the relevant time of the accident. Relating to the method and manner of adducing additional evidence the appellant shall decide as to what are the evidence to be placed before the Commissioner for Workmen's Compensation. Ample opportunity shall be given to the appellant to adduce such evidence. I make it clear that simply because the injured driver happens to be the son of the owner of the vehicle, there is no presumption that there can not be any employer and employee relationship between them.
Supreme Court of India Cites 15 - Cited by 59 - S B Sinha - Full Document
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