NEW INDIA ASSURANCE COMPANY LIMITED Vs. MANJU DEVI

JUDGEMENT

(1.) This Civil Misc. Appeal has been filed by the appellantInsurance Company (for short 'the Insurance Company') u/s 30 of the Workmen's Compensation Act, 1923 (for short, the Act of 1923) against the judgment dtd. 25/6/2015 passed by learned Workmen Compensation Commissioner, Sikar (for short 'the learned Commissioner') in claim case No. W.C.C.F-6/2014 titled as Smt. Manju Devi & Ors. Vs. Jagdish Prasad & Ors., whereby the learned Commissioner has awarded a sum of Rs.7,69,825.00 with interest @ 12% P.A. in favour of the claimants-respondent Nos.1 to 4 (for short 'the claimants') with effect from the date of accident i.e. 10/8/2013 and Rs.5,000.00 has also been awarded as funeral expenses.

(2.) Learned counsel for the Insurance Company submits that the learned Commissioner has wrongly allowed the claim petition filed by the claimants. He further submits that the there is no evidence to the effect that deceased died during the course of employment.

(3.) He further submits that there was no relationship of employer and employee between the deceased and the respondent No.5. He further submits that there was no documentary evidence to the effect that the deceased was earning Rs.7,000.00 per month. So, appeal be allowed and judgment 25/6/2015 passed by learned Commissioner be set aside.