UNITED INDIA INSURANCE COMPANY LIMITED Vs. GULABI DEVI

JUDGEMENT

(1.) This Civil Misc. Appeal has been filed by the appellant- Insurance Company (for short 'the Insurance Company') under sec. 30 of Workmen's Compensation Act, 1923 (for short, the Act of 1923) against the judgment dtd. 24/11/2014 passed by learned Workmen Compensation Commissioner, Sikar in claim case No. WCC/F/44/2011 titled as Smt. Gulabi Devi & Ors. v. Gulzari Lal & Anr., whereby an amount of Rs.6,39,200.00 and Rs.5,000.00 as funeral expenses with interest @ 9% from the date of filing the claim petition has been awarded in favour of the claimants-respondents (for short 'the claimants') and against the Insurance Company and in case the compensation is not paid within 30 days, the amount of compensation shall carry interest @ 12% per annum.

(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 is no evidence that deceased was earning Rs.8,000.00 per month. Learned counsel for the Insurance Company submits that as per FIR, the deceased was travelling in the offending truck as a passenger and was going to meet his relatives. So, appeal be allowed and judgment 24/11/2014 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. v. The Divisional Manager And Anr. reported in 2017 (1) SCC 45 and North East Karnataka Transport Corporation v. Smt. Sujatha reported in 2019 (11) SCC 514.