NATIONAL INSURANCE CO. LTD Vs. SHIV GOPAL

JUDGEMENT

(1.) Heard Ms. Pooja Arora, Advocate holding brief of Shri S.C. Gulati, learned counsel for the appellant, Shri Sunny Sharma, Advocate holding brief of Shri Aditya Prakash Sharma, learned counsel for the claimant-respondent no. 1 and Shri Shubham Singh, Advocate holding brief of Shri Raj Kumar Pandey, learned counsel for the respondent no. 2/the owner of vehicle.

(2.) This First Appeal From Order under Sec. 30 of the Employee's Compensation Act, 1923 has been filed against the judgment and award dtd. 30/5/2011 passed by Additional District Magistrate Trans Gomti and Commissioner, Employee's Compensation, Lucknow in W.C. Case No. 18 of 1999; Shiv Gopal and others vs. Dharmendra Awasthi and others, awarding a compensation of 2,16,910/- along with interest @ 6 percent per annum as interest to the claimant-respondent no. 1 w.e.f. the date of impleadment of Insurance Company i.e. 11/8/2006.

(3.) Learned counsel for the appellant submits that the owner has denied that the deceased driver was in his employment. The P.W.2 has also proved that the deceased was driving the vehicle. He further submits that the necessary documents such as Registration Certificate of Tempo, Permit, Fitness, and driving licence were not brought on record, but the learned Compensation Commissioner without considering it and on the ground that it does not make any difference because it should have been seen at the time of insurance, allowed the claim and the appellant has been held liable to satisfy the award, which could not have been done. He relies on Sardari and others vs. Sushil Kumar and others; 2008 ACJ 1307, United India Insurance Company Limited vs. Sujata Arora and others; 2013 (3) T.A.C. 29 (S.C.) and Fazlu Rahman Ansari vs. National Insurance Company Limited and others; (2019) 13 SCC 806. No other ground has been urged or pressed.