ORIENTAL INSURANCE COMPANY LIMITED Vs. CHAMPA

JUDGEMENT

(1.) This appeal has been preferred by the Insurance Company assailing the award passed by the Workmen's Compensation Commissioner in claim petition under the Employees Compensation Act, 1923 in favour of the claimants on account of death of the driver-Ram Hans who is stated to be driving the truck owned by one Munni Lal who is his real brother. Learned counsel for the petitioner submits that the employer-employee relationship has not been established and since he was a real brother of the owner of the truck, it cannot be said that he was employed as a driver and the story has been concocted. He further submits that the incident as submitted before the Commissioner in the claim petition cannot be said to be proved as no FIR was lodged with regard to the accident nor any document was produced of the treatment of the deceased nor post mortem report was produced.

(2.) Learned counsel further submits that the purpose of the truck having been sent for collecting grit/stones has also not been proved as there is no receipt of the Mining Document to show that the truck was carrying grit/stone. In cross-examination, the khalasi Pappu has stated that they were bringing the same concealingly and therefore, it appears to be a case of collusion for fraudulent claim and actually no accident can be said to have occurred resulting in death of the deceased.

(3.) Learned counsel appearing for the claimants on the other hand submits that the present appeal is not maintainable as there is no substantial question of law involved in the present petition and the arguments raised are all questions of facts. He relies on Golla Rajanna and Others Versus Divisional Manager and Another reported in (2017) 1 SCC 45, and North East Karnataka Road Transport Corporation Vs. Sujatha reported in (2019) 11 SCC 514, in support of his submissions. He further relies on judgment passed by Madras High Court in the case of United India Insurance Co. Ltd., Divisional Branch Vs. Pad mini and Another : CM. A. No. 3638 of 2012 and M.P. No.l of 2012 to submit that there is no requirement of lodging of FIR in order to prove the accident.