NATIONAL INSURANCE COMPANY LIMITED Vs. RUKMANI DEVI

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant Insurance Company against the impugned judgment and award dtd. 17/6/2008 passed by the Court of learned Commissioner Workmen's Compensation, Sikar (for short ..the learned Commissioner..) in WCC/F/19/2007 by which the claim petition filed by the claimants-respondents was allowed and the Insurance Company was directed to pay compensation of Rs.4,18,460.00.

(2.) Learned counsel for the appellant submitted that there was no relationship of employer and employee but without looking to this aspect, the Tribunal has allowed the claim application filed by the claimants. He further submits that the tractor was insured under the "Farmer Package Policy", which does not cover the liability of the Insurance Company. Thus, the claim petition filed by the claimants-respondents was not maintainable before the learned Commissioner.

(3.) Per contra, learned counsel for the respondents has opposed the arguments raised by learned counsel for the appellant and submitted that no such plea regarding "Farmer Package Policy" was taken by the Insurance Company before the Tribunal. So far as contention with regard to establishment of relationship of employer and employee is concerned, the same is finding of fact, which cannot be re-agitated again because this Court has limited jurisdiction under Sec. 30 of the Workmen's Compensation Act, 1923.