New India Assurance Comp Ltd vs Smt Dropati Devi And Ors
2021 Latest Caselaw 678 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 1574/2007

The New India Assurance Company Limited Branch Sikar through
its jaipur Regional Office-330000, 2nd Floor, Nehru Palace, Tonk
Road, Jaipur.
                                 ----Non-Claimant-Appellant No.2.

                                    Versus

1.Smt. Dropati Devi Wife of Shri Pusa Ram, aged about 39 years,
2.Shri Pusa Ram son of Shri Bhawar Lal, aged about 41 years,
Both are resident of Losal, District Sikar (Rajasthan)
                                            ----Claimant-respondent

3.Ummed Ali son of Shri Yaqub Khan, resident of ward no.1, Losal, District Sikar (Rajasthan) (Owner of Jeep No. RJ-23-U- 0590).

                                              ----Non-Claimant-respondent


For Appellant(s)          :    Mr. V.S. Yadav
For Respondent(s)         :    Mr. Vinay Mathur

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

22/01/2021 This appeal is preferred by the Insurance Company, non-

claimant against the judgment dated 15.03.2007 passed by the

Workmen Compensation Commissioner, Sikar whereby the claim

petition filed by the respondents/claimants was allowed in part.

Assailing the judgment, learned counsel for the appellant

contended that relationship of employer and employee was not

established between Ummed Ali and Mangal Chand. He further

submitted that the insurance company was not liable to indemnify

the insured in absence of driving licence with the driver. Learned

counsel submitted that the Commissioner has erred in assessing

(2 of 3) [CMA-1574/2007]

the monthly income of the deceased as Rs. 3800/- in absence of

any evidence in this regard.

Learned counsel appearing for the respondent no.1 and 2

submitted that no substantial question of law arises in this appeal

and hence, the same is not maintainable. Relying on the

judgments of Hon'ble Apex Court of India in cases of North East

Karnataka Road Transport Corporation Vs. Sujatha: Civil

Appeal No.7470/2009, decided on 02.11.2018 and Golla

Rajanna Vs. The Divisional Manager and Anr.: 2017 (1) SCC

45, learned counsel submitted that now it is well settled law that

Court of Workmen Compensation Commissioner is final authority

so far as finding of fact is concerned and this Court should not

interfere with such finding unless suffers from perversity. He,

therefore, prayed that the appeal be dismissed.

Heard the learned counsels for the parties and perused the

record.

The contentions raised by the learned counsel for the

appellant pertain to factual dispute. On examining the findings

recorded by the Workmen Compensation Commissioner in the

light of material available on record, this Court finds that the same

do not suffer from any perversity. As per the decisions of Hon'ble

Apex Court of India in cases of North East Karanataka Road

Transport Corporation (supra) and Golla Rajanna (supra),

Court of Workmen Compensation Commissioner is final authority

qua finding of fact. Even otherwise also, in terms of Section 30 of

the Workmen's Compensation Act, 1923, an appeal lies to the

High Court from the order of Workmen Compensation

Commissioner only if it involves a substantial question of law.

(3 of 3) [CMA-1574/2007]

Since, the appeal does not involve any substantial question of law,

the same deserves to be dismissed.

The appeal is accordingly dismissed being devoid of merit.

(MAHENDAR KUMAR GOYAL),J

MADAN MEENA /115

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