The New India Assurance Co.Ltd. vs Pramod Kumar Pandey And Ors.
2023 Latest Caselaw 10421 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- FIRST APPEAL FROM ORDER No. - 712 of 2000
 

 
Appellant :- The New India Assurance Co.Ltd.
 
Respondent :- Pramod Kumar Pandey And Ors.
 
Counsel for Appellant :- K.S.Amist
 
Counsel for Respondent :- Balwant Singh
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

1. This appeal has been preferred by the appellant under Section 173 of the Motor Vehicles Act, 1988 challenging the award dated 28.01.2000 passed by the Additional District Judge, Gorakpur, in M.A.C. No.311 of 1992 whereby the learned Judge has awarded compensation of Rs.1,81,000/- with interest at the rate of 12%.

2. Heard Sri K.S. Amist, learned counsel for the appellant. None has appeared for the respondent. The main ground of challenge is that the driver did not have valid driving license to drive the vehicle in question. It is submitted that the vehicle in question was a transport vehicle whereas the injured-claimant had driving license to drive private vehicle without any endorsement for driving the transport vehicle.

3. The above ground is covered by the decision in Mukund Dewangan Vs. Oriental Insurance Company Limited, A.I.R. 2017 (SC) 3668. All other grounds mentioned in the memo of appeal are in the realm of question of facts and the finding of the Commissioner on these issues are not perverse, hence, are not disturbed this Court as this Court is fortified in its view by the decision of the Apex Court passed in Civil Appeal No.7470 of 2009 North East Karnataka Road Transport Corporation Vs. Smt. Sujatha decided on 2.11.2018, Golla Rajanna Etc. Etc. Vs. Divisional Manager and Another, 2017 (1) TAC 259 (SC) & Mayan vs. Mustafa and another, 2022 ACJ 524 wherein the Apex Court has held that under Section 30 of Workmen Compensation Act, the High Court cannot enter into the arena of facts unless they are proved to be perverse and unless there is a question of law involved. The decision in Salim vs. New India Assurance. Co. Ltd. and another, 2022 ACJ 526 also will not permit this Court to interfere with the well reasoned judgment of learned Commissioner.

4. In view of the above, the appeal fails and is dismissed.

5. Interim relief, if any, shall stand vacated forthwith. The Registry will forward this order to the Workmen Compensation Commissioner who shall immediately summon the legal heirs of the claimant and disburse the amount kept in fixed deposit with interest accrued on the said amount till date within 30 days from the date of receipt of this order.

Order Date :- 10.4.2023

A.N. Mishra