UNITED INDIA INSURANCE COMPANY LTD. Vs. KURDA RAM

JUDGEMENT

(1.) This Civil Misc. Appeal has been filed by the appellantInsurance Company (for short 'the Insurance Company') u/s 30 of Workmen's Compensation Act, 1923 (for short, the Act of 1923) against the judgment dtd. 23/1/2015 passed by learned Workmen Compensation Commissioner, Sikar in claim case No. WCC/F/54/2009 titled as Kurda Ram & Anr. Vs. Amar Singh Shekhawat & Ors., whereby an amount of Rs.4,39,900.00 with interest @ 12% from the date of the accident has been awarded as compensation in favour of the claimants-respondents (for short 'the claimants') and against the Insurance Company and Rs.5,000.00 has also been awarded as funeral expenses.

(2.) Learned counsel for the Insurance Company submits that learned Commissioner wrongly allowed the claim petition filed by the claimants. Learned counsel for the Insurance Company also submits that there was no relationship of employee and employer between the deceased and owner of the vehicle. As per the version of the claimants, the deceased was employed with respondent No.4-Ram Niwas, who was neither the insured nor the registered owner of the vehicle. He further submits that deceased who was driving the vehicle at the relevant point of time was having the driving licence to drive light motor vehicles. So, appeal be allowed and judgment dtd. 23/1/2015 passed by Workmen Compensation Commissioner, Sikar be set aside.

(3.) At the outset, learned counsel for the claimants submits that no substantial question of law is involved in this appeal. The appeal has been submitted on the findings of facts. In support of his contentions, counsel for the claimants has placed reliance on the judgments delivered by the Hon'ble Apex Court in the cases of Golla Rajanna Etc. vs. The Divisional Manager and Anr. reported in 2017 (1) SCC 45 and North East Karnatka Transport Corporation Vs. Smt. Sujatha reported in 2019 (11) SCC 514.