ARJUN TRAVELS Vs. JAMUNA DEVI BRIJLAL YADAV

JUDGEMENT

(1.) While admitting the appeal on 24/2/2025, the following substantial questions of law were framed:-

(2.) Accordingly, I have heard learned Advocate Shri Kini for the Appellant-Employer and learned Advocate Shri More for the Respondent Nos. 1 to 3/Claimants/legal representatives of the deceased-Brijlal Yadav. He was a driver by profession. In such an appeal as per first proviso to sub-Sec. (1) to Sec. 30 of the Employee's Compensation Act, the Appellant is to be heard only when substantial question of law is involved. In nutshell, the appreciation of evidence done on the basis of the facts cannot be looked into. What can be looked into is perversity of the finding, if any. From the three substantial questions of law, the core question is when the deceased- Brijlal died on 16/12/2021 due to coronary artery disease, whether he was in employment with the Appellant? And Whether the injury can be due to accident?

(3.) Learned Advocate Mr. Keni made two submissions:-