NATIONAL INSURANCE CO. LTD. Vs. SANJAIDA

JUDGEMENT

(1.) By way of the present appeal filed under Sec. 30 of the Employees' Compensation Act (hereinafter, referred to as the 'EC Act'), the appellant (respondent No.2 before learned Commissioner) has challenged order dtd. 14/7/2022 passed by the learned Commissioner, Employees' Compensation, Nimri Colony, Delhi-110052 in Case No. ECD/105/NW/2019/1849-51 titled as Smt. Sanjaida and Ors. v. M/s V.R.C. Logistic Pvt. Ltd. and Anr.

(2.) Mr. Sunder Parkash Jain, learned counsel for the appellant, has assailed the impugned order by contending that respondent Nos.1- 5/claimants failed to establish employer-employee relationship and that Sh. Kamil had died during the course of employment, inasmuch as no connection was proved between the death and truck in question bearing No. HR-38T-1586. While denying the appellant's liability, it was contended that it was the personal fault of respondent No.6/employer and thus, no penalty could be fastened upon the appellant.

(3.) At the outset, this Court deems it expedient to outline the scope of appeal filed under Sec. 30 of the EC Act as delineated in North East Karnataka Road Transport Corporation v. Sujatha reported as (2019) 11 SCC 514. In the captioned case, the Supreme Court has reiterated that the scope of interference in an appeal filed under Sec. 30 of Act is limited to substantial questions of law and findings of facts proved either way, are not to be likely interfered with. Relevant excerpt from the decision is reproduced hereunder:-