Rajasthan High Court - Jaipur
United India Insurance Co Ltd vs Smt Narmada Devi And Others on 13 January, 2022
Author: Anoop Kumar Dhand
Bench: Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 3754/2016
United India Insurance Co. Ltd. through Branch Manager,
Devipura, Jaipur Road, Sikar, having it's TP HUB office at 93,
Sapphire Centre, Ajmer Road, Jaipur, through it's Constituted
Attorney.
----non-claimant/Appellant
Versus
1. Smt. Narmada Devi wife of Lt. Jeevan Ram, Resident of Todas,
Teh. Nawan, District Nagaur (Rajasthan), presently resident of
Khood, Teh. Dantaramgarh, District Sikar, (Rajasthan)
2. Shyodan son of Kanaram, resident of Kadaksar, Teh. Nawan,
District Nagaur, (Rajasthan) (Registered owner of Jeep No.RJ-14-
U-1804)
3. Hanuman Prasad son of Tansukh Lal, resident of Todas, Teh.
Nawan, District Nagaur, (Raj.), (Driver of Jeep No.RJ-14-U-1804)
4. Commissioner, Employees Compensation Commissioner,
Nagaur, Rajasthan.
----Respondents
For Appellant(s) : Mr. Tripurari Sharma, through VC For Respondent(s) : Mr. Ravi Jangir, through VC HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order 13/01/2022 A challenge in the instant misc. appeal has been made to the impugned judgment and award dated 23.05.2016 passed by the Court of learned Commissioner Workmen's Compensation, Sikar, (for short 'the learned Commissioner') in WCCF 74/2011 by which the claim petition filed by the claimant-respondent has been allowed and the Insurance company has been directed to pay compensation of Rs.4,91,955/- to the claimant-respondent with interest.
(Downloaded on 17/01/2022 at 09:30:12 PM)
(2 of 3) [CMA-3754/2016] Feeling aggrieved by the impugned judgment and award, the Insurance company has preferred instant appeal on the ground that there is no relationship between the deceased and the owner of the vehicle and the deceased weas not having any valid licence to ply the vehicle and lastly that the learned Commissioner was not having territorial jurisdiction to hear and decide the claim petition.
At the outset, learned counsel for the respondents has relied upon the judgments of Hon'ble Supreme Court in the case of "North East Karnatka Transport Corporation Vs. Sujatha" reported in 2019 (11) SCC 514, Golla Rajanna Etc. vs. The Divisional Manager And Anr. reported in 2017(1) SCC 45 and Smt. Ram Sakhi Devi Vs. Chhatra Devi & Ors. reported in JT 2005 (6) SC 167" wherein the Hon'ble Apex Court has held that without formumating substantial question of law the appeal cannot be sustained. It is the settled position of law that the question as to whether, there existed any relationship of employee and employer or not, whether the commissioner was having any territorial jurisdiction or not, whether the deceased was having any valid licence to ply the vehicle or not are pure questions of facts which arose for decision of the Commissioner in a claim petition when an employee suffers any bodily injury or dies during the course of his employement.
The aforementioned questions are essentially the questions of fact and, therefore, they are required to be proved with the aid of evidence. Once they are proved either way, the findings recorded thereon are regarded as the findings of fact.
I have heard counsel for the parties and perused the record. (Downloaded on 17/01/2022 at 09:30:12 PM)
(3 of 3) [CMA-3754/2016] In the considered opinion of this Court, the findings recorded by the learned Commissioner are based on sound appreciation of evidence and the same are not liable to be disturbed by this Court in view of the judgment passed by the Hon'ble Apex Court in the case of "North East Karnatka Transport Corporation Vs. Sujatha, Golla Rajanna Etc. vs. The Divisional Manager And Anr. (supra) and Smt. Ram Sakhi Devi Vs. Chhatra Devi & Ors.(supra) as no substantial question of law is involved in this appeal.
Hence, this civil misc. appeal filed by the Insurance Company as well as stay application stand dismissed.
No order as to cost.
All pending applications, if any, stand disposed of.
(ANOOP KUMAR DHAND),J HEENA GANDHI /5 (Downloaded on 17/01/2022 at 09:30:12 PM) Powered by TCPDF (www.tcpdf.org)