ORIENTAL INSURANCE COMPANY LIMITED Vs. RAMCHANDRAPAL SINGH

JUDGEMENT

(1.) The instant appeal under Sec. 30 of the Employee's Compensation Act, 1923 has been filed by the insurer of the offending Qualis Car No.UA-07-C-6274 against the impugned judgment and award dtd. 3/11/2025 passed by the Employee Compensation Commissioner/Deputy Labour Commissioner, Moradabad in E.C.A. Case No.111 of 2015 (Ramchandrapal Singh and others vs. Nirdosh Kumar and others), whereby for the untimely death of Dharamveer, who was employed as a driver on above vehicle, in a road accident that occurred on 26/2/2015, a compensation of Rs.8,26,495.00 along with interest @ 12% per annum has been awarded to the claimants, which has been ordered to be indemnified by the insurer of the offending Qualis Car No.UA-07-C-6274.

(2.) Learned counsel for the appellant-Insurance Company submitted that the insurance policy of the above vehicle was taken by Rakesh but during the tenure of the policy the vehicle was sold to Nirdosh Kumar, which was also proved from the written statement submitted by them before the Commissioner. It was further submitted that the deceased was not an employee of Nirdosh Kumar, but was an employee of Rakesh, but since Rakesh sold the vehicle to Nirdosh Kumar prior to the accident, as such, there was no relationship of master and servant between the deceased and Nirdosh Kumar, hence, no compensation could have been awarded by the Commissioner to the claimants. It was further submitted that the insurance policy was not transferred in the name of Nirdosh Kumar, as such, the Insurance Company was not liable to pay any compensation to the claimants. It was further submitted that the Insurance Company has not taken any premium for insuring the driver of the above vehicle, which was proved from the insurance policy submitted before the Commissioner but still the Commissioner has held that the appellant was liable to indemnify the compensation payable to the claimants. With these submissions, it was prayed that the appeal involves substantial questions of law regarding the liability of the Insurance Company to indemnify the compensation in the absence of master and servant relationship between the deceased and the appellant, as such, it be admitted for hearing.

(3.) I have heard learned counsel for the appellant-insurance company and perused the impugned judgment and documents submitted with the appeal.