NATIONAL INSURANCE CO. LTD Vs. TULCHI

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. 17/2/2020 passed by learned Workmen Compensation Commissioner, Sikar in claim Case No.E.C.C.F-60/2012 titled as Tulchi & others v. Rajesh Kumar and others, whereby an amount of Rs.7,88,240.00 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 Employer and Employee between the deceased and the insured. He further submits that as per the material available on record (FIR) the vehicle insured by the Insurance Company was being used for hire and reward purposes. The income of the deceased has been assessed at higher side. So, Appeal be allowed and Judgment, dtd. 17/2/2020 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 v. Divisional Manager and another, 2016 (4) LLN 545 (SC) : 2017 (1) TN MAC 1 (SC) : 2017 (1) SCC 45; and North East Karnataka Transport Corporation v. Sujatha, 2019 (1) LLN 29 (SC) : 2019 (11) SCC 514.