LAWS(RAJ)-2022-6-132

NATIONAL INSURANCE COMPANY LTD. Vs. TARA CHAND RAWAT

Decided On June 28, 2022
NATIONAL INSURANCE COMPANY LTD. Appellant
V/S
Tara Chand Rawat Respondents

JUDGEMENT

(1.) Instant appeal has been preferred by the appellant-Insurance Company under Sec. 30 of the Workmen's Compensation Act, 1923 (for short the 'Act of 1923') challenging the judgment and award dtd. 31/10/2011 by which the claim petition filed by the claimant-respondent has been allowed and the appellant-Insurance Company has been directed to pay compensation of Rs.7,18,218.00 to the claimant-respondent with interest.

(2.) Counsel for the appellant-Insurance Company submits that the accident occurred at Ajmer while the injured was resident of village-Rajgarh, District Ajmer and he has submitted the claim petition before the Court of Commissioner-Workmen's Compensation at Ajmer who was not having any territorial jurisdiction to entertain the same.

(3.) He further submits that the relationship of employer and employee was not established on record because no such documentary evidence was placed on record to show that there ever existed any relationship of employee or employer between the injured and the respondent No. 1 as the respondent No. 1 has not appeared before the Commissioner despite service of notice.