ORIENTAL INSURANCE CO LTD Vs. SIMARJEET KAUR

JUDGEMENT

(1.) The appellant has preferred the present appeal under Sec. 30 of the Employees' Compensation Act, 1923 assailing order dtd. 17/7/2019 passed by learned Commissioner, Employees' Compensation in Case No.CEC/SD/I/95/2017/17145, whereby the claim petition filed by respondent Nos.1 and 2 (LRs of deceased/original claimant-Sh.Manjeet Singh) was allowed and the appellant directed to deposit compensation amount of Rs.6,84,864.00 along with interest @ 12% p.a. w.e.f. 15/9/2016 till realization.

(2.) The primary contention raised on behalf of the appellant was that the claimant(s) not only failed to prove existence of employee-employer relationship between the deceased and respondent No.3/employer, but also failed to connect the medical treatment undertaken by the deceased to the injury allegedly suffered on 16/8/2016. It was submitted that neither any DD Entry/FIR, nor any Driving License or fitness certificate of the vehicle in question was placed on record before the learned Commissioner. It was also submitted that while the injury was claimed to have been suffered by the deceased on 16/8/2016, the medical documents of Shanti Kumud Hospital, Adarsh Nagar, Delhi are dtd. 4/9/2016.

(3.) Learned counsel appearing for respondent Nos.1 and 2 defended the impugned order and submitted that the claim petition was filed for injury compensation however, later, the original claimant (deceased) expired. Explaining the purported delay in the deceased seeking treatment, it was submitted that though initially the injury suffered appeared to be minor, complications arose forcing him to seek medical treatment from Shanti Kumud Hospital, Adarsh Nagar, Delhi.