NEW INDIA ASSURANCE COMPANY Vs. KUNDAN SINGH

JUDGEMENT

(1.) THE Order dated 27th March, 2000 passed by the ADM -cum -W.C. Commissioner, Mayurbhanj inW.C. Case No. 10 of 1997 awarding a compensation of Rs. 1,62,682.00 in favour of the present Respondents 1 and 2 who being the parents of the deceased were the claimants in that case, is assailed in this appeal by the New India Assurance Company Limited. '

(2.) LEARNED Counsel for the Appellant -Insurance Company relying on the FIR lodged with regard to the alleged accident and death out of which the W.C.Case arose, assails the order of the W.C. Commissioner mainly on the ground that though in fact Gurnam Singh alias Gama, deceased son of the claimants, was the driver of truck bearing registration number DL -14 -A -4186, he having no driving licence, the aforesaidW.C. Case was filed with the false averment that he was working in the said truck as a Helper. It is submitted that in view of such fact, the Appellant -Insurance Company is not liable to pay any compensation to the claimants.

(3.) THIS Court heard Learned Counsel for the parties at length and perused the materials available on record. A perusal of the copy of the charge -sheet reveals that after due investigation police had submitted the same indicating therein that deceased Gurnam Singh alias Gama was the Helper in the truck in question. In view thereof, the submission of the Learned Counsel for the Appellant -Insurance Company cannot be accepted. This Court also finds that the evidence led in the case, both oral and documentary, corroborated the averments of the claimants. After going through the impugned order, this Court finds that the Learned W.C. Commissioner has not committed any error apparent on the face of the record warranting interference of this Court with it. That apart, an appeal under Section 30 of the W.C. Act is to he entertained only on substantial questions of law. This Court does not find any substantial question of law in this appeal. Accordingly this Court declines to interfere with the impugned order.