Delhi High Court
Reliance General Insurance Co. ... vs Smt. Sapna Devi & Ors. on 6 May, 2014
Author: Valmiki J. Mehta
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO No.450/2012 and C.M. No.18843/2012 (stay)
% 6th May, 2014
RELIANCE GENERAL INSURANCE CO. LTD. ..... Appellant
Through: Mr. Manish Kaushik, Advocate.
Versus
SMT. SAPNA DEVI & ORS. ..... Respondents
Through: Ms. Pratima N. Chauhan, Advocate.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not? Yes
VALMIKI J. MEHTA, J (ORAL)
1. This first appeal is filed under Section 30 of the Employee's
Compensation Act, 1923 (hereinafter referred to as 'the Act')
challenging the impugned judgment of the Commissioner dated
13.8.2012 by which the Commissioner allowed the claim petition filed
by the respondent nos.1 to 5 herein.
2. Whereas the case of the respondents before the
Commissioner was that the deceased employee Sh. Yogesh Kumar died
as a result of stress/strain of/while driving as a driver of the vehicle
bearing no.HR-55K-3214 (truck) as there was no second driver, the case
FAO 450/2012 Page 1 of 4
of the appellant-insurance company was that as per the medical records
filed by the respondents themselves, the deceased Sh. Yogesh Kumar
died on account of malaria and thus the death did not happen out of and
in the course of employment.
3. Learned counsel for the respondents has argued by placing
reliance upon the judgment of the Supreme Court in the case of T.S.
Shylaja Vs. Oriental Insurance Co. Ltd. and Anr.2014 ACJ 480 that
findings of fact can not be interfered with by this Court under Section 30
of the Act. Reliance is also placed on the judgment of the Supreme
Court in the case of Mst. Param Pal Singh through Father Vs.
National Insurance Company and Anr. (2013) 3 SCC 409 that a driver
when he dies on account of stress/strain on driving, death therefrom will
be an accident arising out of and in the course of employment.
4. In my opinion, this appeal is liable to be allowed because
there exists a complete perversity in findings of facts and which results
in arising of a substantial question of law. Where two views are possible
and Commissioner adopts one view, then it would be a question of
finding of fact which is not interfered by the appellate court under
Section 30 of the Act, but, when only one view is possible as per the
record/evidence and the Commissioner does not take only such possible
FAO 450/2012 Page 2 of 4
view but takes a view/arrives at a conclusion, totally against the
record/evidence, then there arises a substantial question of law. In the
present case medical records do not show the death on account of
stress/strain of driving, and in fact the medical record Ex.AW1/4 shows
that platelet counts on account of malaria had fallen to as low as 16,000
whereas the normal platelet counts are between 1.5 lacs to 4.5
lacs/cumm and which therefore had resulted in the death. Admittedly,
there is no other medical record filed by the respondent to show the
death of the deceased Sh. Yogesh Kumar allegedly on account of stress
and strain in driving. Once the only record shows death of the deceased
Sh. Yogesh Kumar on account of having suffered from malaria, death
caused on account of malaria, is surely not a death on account of
stress/strain in driving and consequently the findings of the
Commissioner are perverse in holding that the deceased died on account
of an accident arising out of and in the course of employment. In fact, a
reading of the impugned judgment shows that the Commissioner has
skirted the issue of death of the deceased employee on account of
malaria as per the medical record.
5. In view of the above, appeal is allowed. Impugned
judgment of the Commissioner dated 13.8.2012 is set aside and the
FAO 450/2012 Page 3 of 4
claim petition will stand accordingly dismissed. Since the respondents
have received part of the compensation, it will be open to the
appellant/insurance company to recover the same from the respondents
in accordance with law. Parties are left to bear their own costs.
MAY 06, 2014 VALMIKI J. MEHTA, J.
Ne
