New India Assurance Co. Ltd. vs Ram Asrey And Others
2023 Latest Caselaw 21691 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:162668
 

 
Court No. - 44
 

 
Case :- FIRST APPEAL FROM ORDER No. - 2811 of 2005
 

 
Appellant :- New India Assurance Co. Ltd.
 
Respondent :- Ram Asrey And Others
 
Counsel for Appellant :- Amaresh Sinha
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

1. Heard learned counsel for the parties and perused the judgment and order impugned.

2. This appeal has been preferred by the appellant under Section 30 of Workmen's Compensation Act challenging the judgment and award dated 22.9.2005 passed by the Workmen's Compensation Commissioner, Meerut in WC Case No. 179 of 2004 (Ram Asrey Vs. Dharam Pal Singh and others) whereby the learned Commissioner has awarded compensation of Rs.3,58,268/- with interest at the rate of 12%.

3. Grounds mentioned in the memo of appeal are in the realm of question of facts and the finding of the Commissioner on those issues are not perverse, hence, they are not disturbed by 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.

4. 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.

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

6. 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. Record, if here, be transmitted to Commissioner.

Order Date :- 10.8.2023

DKS