SUCHA SINGH Vs. SEHTA RAM

JUDGEMENT

(1.) THIS order will also dispose of Letters Patent Appeal No. 1241 of 1983, as the question involved is common in both the cases.

(2.) THE only controversy in this appeal is with regard to the liability of the insurance company for the amount awarded as compensation to the claimants. According to the learned single Judge it could not be held that the deceased were on the truck under any contract of employment and, therefore, the order of the Tribunal absolving the insurance company from liability did not warrant any interference in the appeal.

(3.) THE learned counsel for the appellants wanted to challenge the said finding of the learned single Judge which he could not be allowed to challenge in the letters patent appeal. Both, the Tribunal as well as the learned single Judge, on the appreciation of evidence have concurrently found that the deceased were not on the truck under any contract of employment. That is a finding of fact which could net be allowed to be challenged in the letters patent appeal. In view of that finding no other argument could be raised.