[150] Yogesh Ku Chandi Ram Coram : Present: PANKAJ J CM-16921 [1] [2] record. FAO-2449 [3] employer- [4] in an accid Sampat Fil Employer Station, His [5] allowing t claiming th Rather the p IN THE HIGH COURT OF AT CHANDIGA FAO-2449 Date of De sh Kumar versus di Ram and another HON’BLE MR. JUSTICE PA Mr. C.R. Narwal, Advocate fo **** KAJ JAIN, J. (ORAL) 16921-CII-2025 & CM-498-CII-202 Allowed, as prayed for. Documents marked as Anne 2449-2025 (O&M) The present appeal involves a -employee relationship. Claim petition was filed on ac accident arising out of and during at Filling Station at the age of 23 loyer was arraigned as Yogesh, pr , Hisar Road, Dhurkhanda, Tehsil an Appellant has assailed the ord ing the application of the claima ing that he himself is merely an emp er the petrol pump is owned by his mo T OF PUNJAB AND HARYANA DIGARH 2449-2025 (O&M) of Decision : 15.01.2026 …Appellant ….Respondents PANKAJ JAIN ate for the appellant. 2026 Annexures P-1 & P-2 are taken o lves a peculiar question with respect on account of death of Harpreet Sing uring the course of employment at M of 23 years after being electrocute sh, proprietor of M/s Sampat Fillin hsil and District Ambala. the order passed by the Commissione claimants in granting compensatio an employee and is not the proprieto is mother (mother of the appellant). ken on spect to et Singh t at M/s rocuted. Filling issioner, nsation, oprietor. ant). RAJNEESH SHARMA 2026.01.21 15:01 I attest to the accuracy and integrity of this document FAO-2449-2025 (O&M) -2- [6] On the asking of the Court, appellant has produced copy of FIR, as well as copy of his PAN number and ITR for the financial year 2023- 2024. The same evinces that the appellant is earning salary of more than ₹5,00,000/- from M/s Sampat Filling Station. The initial version of FIR dated 19.05.2019 pertaining to the accident in which the deceased-Harpreet Singh lost his life, reads as under:- “ Statement of Complainant Maya Ram (son of Bachna Ram, caste Gadaria, resident of Village Segta, P.S. Naggal, District Ambala, aged 60 years, Mobile No. 9896649140): I am a resident of the above mentioned address and work as a labourer. I have two sons and one daughter. My younger son Gurdhiyan Singh alias dhyana, aged about 29 years, had been working for refueling vehicles about one year at M/s Sampat Filling Station, Dhurkhada, District Ambala. Today, 19/05/2019, at around 11:00 a.m., I received a phone call informing me that my son Gurdhiyan Singh and one Harpreet Singh alias Monu had died due to electric shock. On receiving this information, I and my family members reached Civil Hospital, Ambala City, and saw that both bodies were badly burnt due to electrocution and were kept in the emergency ward. I came to know that Harpreet Singh alias Monu, son of Chandi Ram, resident of Dhurkhada, was also working with my son at the filling station. The incident occurred when, as per the instructions of the pump owner, they had gone to bring an iron ladder from Mahavir College for electrical repairs at the filling station. While carrying the ladder, it came into contact with high voltage electric wires, causing electrocution, resulting in their deaths. Legal action should be taken against the pump owner. My statement has been recorded, read over to me, and found correct. Signed: Maya Ram, Attested by Vijay Kumar, ASI, PS Ambala Sadar, 19/05/2019. Attested by Vijay Kumar, ASI, PS Ambala Sadar, 19/05/2019 Statement of Chandi Ram sosn of Sukha Ram, resident of Village Dhurkheda, P.S Sadar Ambala, District Ambala, Mobile No. 9896020382: RAJNEESH SHARMA 2026.01.21 15:01 I attest to the accuracy and integrity of this document FAO-2449-2025 (O&M) -3- Stated that I am a resident of the above address and work as a labourer. My son Harpreet Singh @ Monu worked at M/s Sampat Filling Station. Today, my son Harpreet Singh and Gurdyan Singh son of Maya Ram, resident of Village Segta, Ambala, died due to electrocution. The incident occurred when the petrol pump owner sent them to bring an iron ladder from Mahavir College for electrical repairs at the petrol pump, and they came in contact with a high- voltage wire. I agree with the statement of Maya Ram. Legal action should be taken against the petrol pump owner. Statement read over and found correct. LTI: Chandi Ram. Attested by Vijay Kumar, ASI, P.S. Ambala Sadar, Date 19.05.2019. Police Proceedings: Today, ASI on duty at PP Naggal received a phone call from Civil Hospital, Ambala City, informing that Gurdhiyan Singh s/o Maya Ram, resident of Village Segta, and Manu, resident of Dhurkhada, were brought dead. On this information, I reached the hospital where both bodies were identified. Statements of Maya Ram and Chandi Ram were recorded, read over, and admitted to be correct. From their statements, an offence under Section 304A IPC (death due to negligence) was found to be committed by the petrol pump owner. FIR registered, case taken up for investigation by ASI Vijay Kumar. ” [7] From the perusal of the FIR, it is evident that the accident occurred at M/s Sampat Filling Station, in which, the appellant claims to be employed. He admits that the station is proprietor concern of his mother. Appellant participated in the proceedings before the Commissioner. Before the Commissioner, he disputed the relationship of employer-employee between him and the deceased and claimed that he is doing business in Delhi and is not proprietor of M/s Sampat Filling Station where the accident took place. [8] The said plea in view of the income tax return of the appellant is proved to be a lie. From the same, it is evident that he is working with M/s Sampat Filling Station. RAJNEESH SHARMA 2026.01.21 15:01 I attest to the accuracy and integrity of this document FAO-2449-2025 (O&M) -4- [9] This Court finds that a deliberate attempt was made by the appellant to mislead the process of law. He tried to raise a false plea with respect to his business in Delhi, whereas his income tax return shows that he was employed with M/s Sampat Filling Station. [10] On lifting the veil, it stands revealed that even though the filing station is owned by mother of the appellant but the same was being managed by the appellant. It is in these circumstances that the claimants impleaded the appellant as proprietor of M/s Sampat Filling Station. In view thereof, the impugned order passed by the Commissioner is modified to the extent that the award shall be enforced against M/s Sampat Filling Station, which is owned by Mrs. Suman wife of late Shri Sampat Singh. As the proprietor and the proprietor concern are not separate entities. [11] Appeal stands disposed off. [12] All pending miscellaneous application(s), if any, stands disposed off. (PANKAJ JAIN) JUDGE 15.01.2026 ‘R. Sharma' Whether speaking/ reasoned : Yes/No Whether reportable : Yes/No RAJNEESH SHARMA 2026.01.21 15:01 I attest to the accuracy and integrity of this document