2. The facts of the case are that the deceased namely, Sunil Kumar was working as a daily wage driver with respondent No.6/Nagar Panchayat Datewada. On 05.02.2009, the vehicle bearing registration No. C.G.18/D/0621 owned by the appellant/non-applicant No.2 was taken by one I. L. Patel, Chief Municipal Officer of Nagar Panchayat, Dantewada. The vehicle driven by the deceased met with an accident and the driver namely, Sunil Kumar died on account of the accident. The claimants filed a claim case under Section 22 of the Employee’s Compensation Act, 1923 before the Employee’s Compensation Tribunal cum Labour Court, Jagdalpur inter alia on the ground that at the time of death, the age of the deceased was 28 years and he was earning Rs.2,700/per month. The claimants claimed compensation of Rs. 2,95,917/- The appellant/non-applicant No.2 denied the averments made in the application. It is stated that the deceased was a daily wage employee of respondent No.6/Nagar Panchayat Dantewada and at the relevant time, he was driving the vehicle of the Chief Municipal Officer, Dantewada, therefore, the appellant/owner of the vehicle is not liable to pay compensation. It is further pleaded that the deceased was an employee of respondent No.6 and he was driving the vehicle on his instruction therefore, respondent No.6 is liable to satisfy the award. It is also stated that the deceased had a valid driving license and the vehicle was insured with respondent No.7.
