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Fazlu Rahman Ansari vs M/S. National Insurance Company Ltd. . on 7 December, 2018

Bench: Arun Mishra, Vineet Saran

                                             IN THE SUPREME COURT OF INDIA
                                              CIVIL APPELLATE JURISDICTION

                                          CIVIL APPEAL NO(S). 11922/2018
                                       (ARISING FROM SLP (C) NO.13471/2015)


     FAZLU RAHMAN ANSARI                                                                APPELLANT(S)

                                                              VERSUS

     M/S. NATIONAL INSURANCE COMPANY LTD. & ORS.                                        RESPONDENT(S)

                                                            O R D E R

1. Heard learned counsel for the parties.

2. Leave granted.

3. In our opinion the findings recorded by the High Court as to the relationship of employer and employee has not been established as well as that the accident has not been proved are not sustainable. The High Court has ignored the definition contained in Section 2(1)(e) of the Employee’s Compensation Act, 1923, which would cover the kind of employment by virtue of which the workman was rendering the services, even services through sub-contractors are covered in the definition.

4. With respect to the accident also, we find that the High Court has jumped to the conclusion, without due consideration of the evidence on record. In our opinion, there was no substantial question of law involved in the appeal before the High Court. The High Court has illegaly interfered with the finding of fact based on discussion of evidence recorded by the Commissioner, Employee’s Compensation.

5. In the facts and circumstances, we restore the Signature Not Verified order passed by the Commissioner, Employee’s Digitally signed by NARENDRA PRASAD Date: 2018.12.11 Compensation and set aside the impugned order passed 17:38:25 IST Reason:

by the High Court.

6. The appeal is, accordingly, allowed.

7. Pending applications, if any, shall stand disposed of.

8. There shall be no orders as to costs.

.......................J. [ARUN MISHRA] .......................J. [VINEET SARAN] NEW DELHI;

DECEMBER 07, 2018.

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ITEM NO.42                   COURT NO.6                 SECTION XIV

                 S U P R E M E C O U R T O F        I N D I A
                         RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 13471/2015 (Arising out of impugned final judgment and order dated 22-05-2014 in FAO No. 304/2012 passed by the High Court Of Delhi At New Delhi) FAZLU RAHMAN ANSARI PETITIONER(S) VERSUS M/S. NATIONAL INSURANCE COMPANY LTD. & ORS. RESPONDENT(S) WITH SLP(C) No. 13472/2015 (XIV) Date : 07-12-2018 These petitions were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE VINEET SARAN For Petitioner(s) Mr. R.K. Nain,Adv.

Mr. Ashish Tilwani,Adv. Ms. Pratima N. Chauhan, AOR Mr. Jinendra Jain, AOR For Respondent(s) Mr. Amit Kumar Singh, AOR Mrs. K. Enatoli Sema,Adv. Mr. Amith J.,Adv.

Ms. Neerja Sachdeva,Adv. Ms. Meera Mathur, AOR UPON hearing the counsel the Court made the following O R D E R SLP(C) No.13471/2015 Leave granted.

The appeal is allowed in terms of the signed order.

List on a non-miscellaneous day in the next week.

(NARENDRA PRASAD)                                  (JAGDISH CHANDER)
  COURT MASTER                                       COURT MASTER

(Signed order, as above, is placed on the file) 3