A.H. Joshi, J.@mdashFirst Appeal No. 66 of 2012 is an appeal by the Insurance Company. The owner of Truck/Tanker has filed cross-objection. Common prayer is for exoneration from liability. The Truck owner alternatively prays for liability, if any, to be fastened to insurance company alone. Accident, ownership of Truck and insurance are admitted facts.
2. Insurer claims that the driver did not possess valid driving licence and hence it has no liability due to breach of conditions of policy.
3. Truck owner denies the liability contending that the deceased was not employed by him, but was employed by the user - lessee of Truck the Shivamrut Dudh Utpadak Sangh.
4. The evidence of the claimant has gone unchallenged on all points since none amongst respondents have led any evidence.
5. Appellants have filed appeals/cross objection with extreme rigour and they have argued with same urge. It is not shown as to how and why Claimant''s evidence which is not duly rebutted and traversed can be disregarded/disbelieved. Claimant''s evidence cannot be disregarded or brushed aside just because it is denied - challenged sheerly by arguments.
6. It is not denied that deceased was actually engaged by lessee, and he was driving the truck. Person who was driving the vehicle as an authorised/legally engaged by lessee has to be believed to be duly engaged and hence was an employee as defined in section 2(dd)(c) of The Employees'' Compensation Act, 1923. Section 2(dd)(c) of The Employees'' Compensation Act, 1923 defines an employee as "a person recruited as driver, helper, mechanic, cleaner or in any other capacity in connection with a motor vehicle."
7. In the result, this court holds that no question of law or fact much less substantial question of law is involved in this appeal and cross objection both deserve to be dismissed and are accordingly dismissed with costs.
8. Amount, if any deposited in this court be transferred to the Tribunal along with accruals, if any.
9. Amount of compensation is not so far paid to the claimant, it be paid along with accruals thereon. In view of dismissal of appeal and cross objection, civil application No. 3623 of 2012 in first appeal and civil application No. 250 of 2011 in cross objection, do not survive and are disposed of accordingly.
