NEW INDIA ASSURANCE CO LTD Vs. JOGI VEKO

JUDGEMENT

(1.) By way of present appeal filed under Sec. 30 of the Employees' Compensation Act, 1923 (hereinafter, the "EC Act"), the appellant has assailed order dtd. 1/6/2016 passed by the Commissioner, Employees' Compensation in Case No.CEC/D/30/WD/16/1076-1079, whereby claim petition of respondent Nos.1 and 2/claimants was allowed and the appellant directed to deposit death compensation, alongwith interest and funeral charges.

(2.) The contention raised by learned counsel for the appellant is that no evidence was led on behalf of the appellant and the impugned order came to be passed on the basis of written statement only.

(3.) Learned counsel for respondent Nos. 1 and 2, on the other hand, has supported the impugned order. It is submitted that in an appeal under Sec. 30 of the EC Act, this Court is only required to go into substantive question of law, if any. In this regard, reliance has been placed on the decisions of the Supreme Court in Golla Rajanna and Others. v. Divisional Manager and Another reported as (2017) 1 SCC 45, North East Karnataka Road Transport Corporation v. Sujatha reported as (2019) 11 SCC 514 and State Bank of India and Others. v. S.N. Goyal reported as (2008) 8 SCC 92.