IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD. Vs. NEERAJ

JUDGEMENT

(1.) This Civil Misc. Appeal has been filed by the appellant-Insurance 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. 9/5/2017 passed by the Commissioner, Workmen's Compensation Act, Jaipur District No.2, Jaipur (for short 'the learned Commissioner') in claim case No. ECCNF 132/2010 titled as 'Neeraj Vs. Rajpal and Anr.' whereby learned Commissioner has awarded a sum of Rs.1,37,331.00 alongwith interest @ 12% P.A. w.e.f. 23/1/2010 in favour of the claimant-respondent No.1 (for short 'the claimant').

(2.) Learned counsel for the Insurance Company submits that learned Commissioner wrongly allowed the claim petition filed by the claimant. Learned counsel for the Insurance Company also submits that there was no relationship of employee and employer between the claimant and owner of the vehicle. Learned counsel for the insurance company further submits that vehicle so insured was being driven in absence of a valid and effective driving license. So, appeal be allowed and judgment dtd. 9/5/2017 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.