evidence to show that the respondent No.1 was driver under the employment of the respondent No.2. Even while lodging the complaint before the police, respondent No.1 has stated only about the factum of accident. The only statement that he was working as a Driver under the employment of respondent No.2 itself would have been sufficient to show the employer and employee relationship. But, even that is also not done in the present case. Therefore, absolutely there is no single piece or any iota of evidence to prove the relationship of employer and employee between the respondents. The only circumstance that just because the claimant has given oral evidence before learned Commissioner is not sufficient as it amounts to only self explanatory in nature without having any corroborative evidence. Therefore, there is merit found in the arguments canvassed by the learned counsel for the appellant. The relationship of employer and employee between the respondents is not proved. Hence, the claim petition is not maintainable. Hence, the judgment and award passed by the learned Commissioner is liable to be set aside by allowing the appeal. Hence, I pass the following:-
