Allahabad High Court
Oriental Insurance Company Ltd. vs Nasruddin And Another on 29 February, 2024
Author: Vipin Chandra Dixit
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:38526
Court No. - 9
Case :- FIRST APPEAL FROM ORDER No. - 2013 of 2005
Appellant :- Oriental Insurance Company Ltd.
Respondent :- Nasruddin And Another
Counsel for Appellant :- Arvind Kumar
Counsel for Respondent :- Nigamendra Shukla
Hon'ble Vipin Chandra Dixit,J.
Cross Objection
The cross objection has been filed on behalf of claimant-respondent no.1 for enhancement of compensation.
As per report of Stamp Reporter, there is delay of 6337 days in filing the cross objection. The cross objection is not supported with any delay condonation application.
In view of above, the cross objection filed on behalf of claimant-respondent no.1 is dismissed as barred by time.
Order on Appeal
Heard learned counsel for the appellant, Sri Nigamendra Shukla, learned counsel appearing on behalf of claimant-respondent no.1 and perused the record.
This first appeal from order has been filed by the appellant Insurance Company under Section 30 of Workmen Compensation Act, 1923 against the judgment and award dated 8.6.2005 passed by Commissioner Employees Compensation, Meerut in W.C.A. No.15 of 1996 (Nasruddin Vs. Smt. Gulnaz Begum and another), by which the compensation of Rs.1,11,355/- along with 6% interest has been awarded in favour of claimant-respondent no.1 on account of injuries received by him in road accident.
It is submitted by learned counsel for the appellant that claimant-respondent had failed to prove that he was engaged as driver of DCM Toyota UHN-1796 which was insured with the appellant Insurance Company and has received injuries in the accident alleged to be occurred on 17.4.1994. It is further submitted that the employer namely Gulnaz Begum was appeared before the authority below and has not admitted the employment of the injured as driver on her vehicle.
On the other hand, learned counsel appearing on behalf of claimant-respondent no.1 states that as per evidence of owner it is evident that the employees were engaged by her husband and as such she has no knowledge about the employment of the injured claimant. It is further submitted that it was a case in which two vehicles were involved in the accident and the F.I.R. was lodged by driver of another vehicle just after the accident against the claimant that he was driving the DCM Toyota rashly and negligently and was responsible for the accident. The Investigating Officer after due investigation had submitted the charge-sheet against the claimant-respondent.
I have considered the rival submissions of learned counsel for the parties and perused the record.
The F.I.R. was lodged just after the accident by the driver of bus stating therein that the accident was occurred on account of rash and negligent driving of claimant-respondent, who was driving the DCM Toyota. The Investigating Officer after due investigation had submitted the charge-sheet against the claimant that he was rash and negligent and was responsible for the accident. From perusal of F.I.R. as well as the charge-sheet it is apparent that at the time of accident the DCM Toyota which was insured with the appellant Insurance Company, was driven by the injured claimant. The authority below has recorded the finding after considering the evidence which are available on record that the injured was engaged as a driver of DCM Toyota and had received injuries in the accident dated 17.4.1994 during the course of his employment. The authority has also recorded the finding that on account of injuries there was 100% loss of income to the claimant. The finding recorded by the authority is based on evidence and materials which are available on record. There is no illegality or irregularity in the impugned order. No ground for interference is made out. The appeal is devoid of merits and is liable to be dismissed.
The present first appeal from order is dismissed accordingly.
The interim order dated 8.8.2005 stands discharged.
Order Date :- 29.2.2024
Kpy
