NATIONAL INSURANCE CO. LTD. Vs. GOPILAL AND ORS.

JUDGEMENT

(1.) This appeal has been filed by the appellants against the judgment and passed by the Commissioner. Brief facts of the case are that the claimants filed a claim petition before the Employees Compensation Commissioner with regard to death of Ramji Lal in a road accident which is said to have taken place on 13.2.2009. Thereafter notices were issued; reply was filed; certain issues were framed and after hearing all the parties, the learned Commissioner passed the judgment and award dt. 26.11.2013 decreeing an amount of Rs. 4,39,900/ - as compensation in favour of claimants and against the non claimants.

(2.) Being aggrieved by the aforesaid judgment and award, this appeal has been filed by the Insurance Co.

(3.) Learned counsel for the appellants has contended that Commissioner has not properly appreciated the oral as well as documentary evidence available on record. He has further contended that the owner of the vehicle did not prove the averments and also did not produce any document. Under these circumstances, only on the basis of oral evidence of the mother of deceased, the employment was not proved. He has further contended that the claimants did not produce Roznamcha report or FIR to prove that the deceased sustained injuries in accident happened in the manner, as stated in the claim petition. He has further contended that in the claim petition it was nowhere stated that the deceased was employed on commercial vehicle or for private use of owner which itself shows the collusion between the claimants and owner of vehicle. The learned commissioner has utterly failed to consider these aspects of the matter. Hence the impugned judgment passed by the commissioner deserves to be quashed and set -aside. In support of his contentions, the learned counsel for the appellant has placed reliance on the following judgments: