ORIENTAL INSURANCE CO LTD Vs. PATHANI SETHI

JUDGEMENT

(1.) The insurer has filed this appeal challenging the judgment of the Commissioner for Workmen's Compensation, Bhubaneswar, in W.C. Case No. 46 of 1992 directing the payment of Rs. 80,640/ - to respondent No. 1.

(2.) RESPONDENT No. 1 had filed the claim application claiming that he was injured while travelling as a labourer in the mini truck belonging to the husband of present respondent No. 2. A common written statement had been filed on behalf of the present appellant and respondent No. 2 denying the allegations made in the claim application. The case was heard analogously with W.C. Case No. 45 of 1992 which had been filed by another labourer who had sustained injury in the same accident. The Commissioner held that both the claimants were, in fact, workmen under deceased K.C. Sahu, the husband of present respondent No. 2, in the mini truck belonging to the aforesaid K.C. Sahu and the injuries had been sustained in the course of employment. On the basis of the medical certificate issued by the doctor, the Commissioner awarded Rs. 80,640/ -to the present respondent No. 1.

(3.) THE learned Counsel appearing for the claimant -respondent No. 1 submitted that the finding to the effect that respondent No. 1 was an employee under late K.C. Sahu, the owner of the mini truck, is not liable to be interfered with in an appeal under Section 30 of the Workmen's Compensation Act, as no substantial question of law is involved. It was also contended that the procedure adopted before the Workmen's Compensation Commissioner being a summary one, the technical provisions of the Evidence Act are not applicable and as such the certificate issued by the doctor had been rightly accepted by the Commissioner.