ORIENTAL INSURANCE COMPANY LTD. Vs. DWARIKA BAI

JUDGEMENT

(1.) This Civil Misc. Appeal has been filed by the appellant under Sec. 30 of Employee's Compensation Act, 1923 (for short, the Act of 1923) against the judgment dtd. 17/10/2012 passed by Employee's Compensation Commissioner, Bundi in claim case no. W.C.A./F/73/2011 titled as Dwarika Bai & Anr. Vs. Madhusudan Sharma & Anr., whereby an award of Rs.6,50,730.00 with interest of Rs.1,03,033.00 has been passed in favour of the claimantsrespondents and against the appellant and it has also directed that in case the amount is not paid within 30 days, then the interest @ 12% per annum shall be payable additionally.

(2.) Learned counsel for the appellant submits that learned Commissioner wrongly allowed the claim petition filed by the claimants. Learned counsel for the appellant has also submits that there is no evidence that alleged accident took place. Learned counsel for the appellant submits that there is no evidence that the deceased was employed as a Khalasi by the owner of the insured vehicle. Learned counsel for the appellant also submits that the claimants as well as owner failed to prove the income of the deceased. So, appeal be allowed and judgment 17/10/2012 passed by Workmen Compensation Commissioner, Bundi be set aside.

(3.) Learned counsel for the appellant has relied upon the following judgments: (1) Saurashtra Salt Manufacturing vs. Bai Valu Raja and ors. reported in AIR 1958 SC 881 and (2) Shankuntala Chandrakant Shreshti vs. Prabhakar Maruti Garvali & anr. reported in 2007 (1) TAC 1 (SC).