Allahabad High Court
The New India Assurance Company ... vs Shyam Singh And Another on 19 September, 2023
Bench: Kshitij Shailendra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:180400
Court No. - 10
Case :- FIRST APPEAL FROM ORDER No. - 1361 of 2023
Appellant :- The New India Assurance Company Limited
Respondent :- Shyam Singh And Another
Counsel for Appellant :- Aarushi Khare
Hon'ble Kshitij Shailendra,J.
1. Heard Ms. Aarushi Khare, learned counsel for the appellant-insurance company.
2. This is an appeal filed under Section 30 of the Employees Compensation Act, 1923 challenging the judgment/award dated 20.03.2023 passed by the Commissioner Employees Compensation/ Assistant Labour Commission, Bijnore in E.C.A. Case No.20 of 2019 (Shyam Singh Vs. The New India Assurance Company Limited and another).
3. By way of award impugned, a sum of Rs.8,79,800/- along with simple interest @ 12% per annum has been awarded to the claimant respondent no.1 on account of death of one Rahul Kumar son of the claimant.
4. The facts of the case are that Rahul Kumar, admittedly, was working as a cleaner on truck No.U.P.20 AT 0395. On 09.01.2019, at about 1.30 PM, Rahul Kumar was electrocuted as a result whereof he died. The aforesaid claim petition was filed claiming compensation from the insurance company with which the truck was insured.
5. Five issues were framed by the learned Commissioner. The entire thrust of the learned counsel for the appellant is on issue no.5 which was to the effect as to whether on the date of the incident, the documents concerning the truck were valid and effective.
6. Learned counsel for the appellant has vehemently argued that claim petition described the name of driver as Abid son of Munney, whereas, later on, a different name was incorporated in paragraph 3 of the claim petition, i.e. Mohd. Mahboob son of Maksood and, therefore this is case of manipulation. She further submits that the driver of the vehicle was not having valid licence on the date of the incident and therefore, since terms of the insurance policy were breached of, liability fastened on the insurance company is not according to law and even if the compensation was to be awarded, it should have been awarded against the owner of the vehicle. She has further referred to the inquest report in which the name of the driver was mentioned as Abid son of Munney.
7. Having heard the learned counsel for the appellant, I find that there being no dispute regarding findings recorded on issue Nos.1, 2, 3 and 4, in so far as finding on issue No.5 is concerned, the Commissioner has recorded that burden to establish that the documents concerning the vehicle were valid on the date of the incident was upon the insurance company, however, it failed to lead any evidence. The Commissioner has referred to the registration certificate, permit, valid driving licence as well as certificate of the insurance and has observed that neither by leading any documentary evidence nor by oral evidence, the said documents were disputed by the insurance company. In so far as the discrepancy with regard to the name of the driver, as argued by Ms. Khare, is concerned, I do not find that any such ground was taken before the Commissioner. The accident having not been denied nor any other aspect except validity of the documents which the insurance company utterly failed to rebut, I do not find any illegality in the impugned award.
8. The appeal fails and is, accordingly, dismissed.
Order Date :- 19.9.2023
AKShukla/-
