Oriental Insurance Co Ltd vs Narendra Kumar And Ors
2021 Latest Caselaw 943 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 3713/2009

The Oriental Insurance Company Limited Through Manager,
Anand Bhawan, Sansarchand Road, Jaipur
                                                ----Appellant/Non-Claimant
                                   Versus
1.     Narendra Kumar S/o Sh. Mangeram, age 22 years, R/o
       Village Post Sarayakla, Tehsil Mundawar, Distt. Alwar
                                                   .....Claimant/Respondent

2. Smt. Lali Devi W/o Sh. Ratiram Yadav, R/o Village Malawash, Thana Rewari, Hariyana, At Present R/o Pwana Ahir, Tehsil Kotputli, And District Jaipur

----Non Claimant/Respondent

For Appellant(s) : Smt. Archana Mantri For Respondent(s) :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

29/01/2021

This appeal has been filed against the judgment dated

02.03.2009 passed by the Workmen Compensation Commissioner,

Jaipur District-II, Jaipur in WCC (NF) No.74/2008, whereby the

application filed by the respondent-claimant was partly allowed.

Assailing the award, learned counsel for the appellant

contended that relationship of employer and employee could not

be established between the respondent No.1 and respondent No.2.

She submitted that the Commissioner has erred in assessing the

monthly income of the claimant as Rs. 4,000/- in absence of any

evidence. She contended that the claim application itself was not

maintainable in absence of any prior notice of the accident given

to the appellant in the manner provided under the Act. She,

(2 of 2) [CMA-3713/2009]

therefore, submitted that the judgment dated 02.03.2009 be set

aside.

Heard learned counsel for the appellant and perused the

record.

Under Section 30(1) of the Workmen Compensation Act,

1923 (for brevity, "the Act of 1923), an appeal lies only if it

involves a substantial question of law. The Hon'ble Apex Court,

has, 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, held that so far as the

findings of facts are concerned, the Commissioner is the final

authority.

The judgment dated 02.03.2009 is based on material on

record and does not suffer from any perversity warranting

interference by this Court under its limited appellate jurisdiction

under Section 30(1) of the Act of 1923.

Since, the appeal does not involve any substantial question

of law, it is devoid of merit and is dismissed accordingly.

(MAHENDAR KUMAR GOYAL),J

Sudha/10

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