UNITED INDIA INSURANCE COMPANY LTD. Vs. MOHD RAMZAN

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 and award dtd. 20/5/2009 passed by learned Workmen Compensation Commissioner, Jaipur City, Jaipur in claim case No. 71/04 titled as "Mohd Ramzan v. Pawan Sharma & & Ors.", whereby learned Commissioner has awarded a sum of Rs.2, 39, 280.00 with interest @ 12% P.A. from the date of accident i.e. 28/7/2003 as compensation in favour of the respondent-claimant (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 further submits that as per the DL verification report, (Ex.NA-3) the driver was not having license to drive the said category of vehicle, therefore it was breach of insurance policy. 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. Therefore, the findings of the learned Commissioner is per se illegal and unreasonable. So, appeal be allowed and judgment 20/5/2009 passed by learned Commissioner be set aside.

(3.) Despite service of notice, none has put in appearance on behalf of respondent Nos. 2 and 3.