IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED Vs. SANWARMAL

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. 26/9/2017 passed by learned Workmen Compensation Commissioner, Sikar (for short 'the Commissioner') in claim case No. W.C.C./N.F./ 13/2014 titled as " Sanwarmal Vs. Mukesh and Anr., whereby learned Commissioner has awarded a sum of Rs.4,96,591.00 with interest @ 12% P.A. from the date of accident in favour of the claimant-respondent No.1 (for short 'the claimant'). IN addition to the above, a sum of Rs.52,330.00 has also been awarded under the head of medical expenses.

(2.) Learned counsel for the Insurance Company submits that in the insurance policy risk of the helper was not covered as no premium was charged by the insurance company in this regard. He further submits that the FIR was lodged after three months, for which no reasonable explanation was given. The income of the injured has also been assessed at higher side. Hence, the appeal be allowed and judgment dtd. 26/9/2017 passed by learned Commissioner be set aside.

(3.) At the outset, learned counsel for the claimant 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 claimant 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.