Bajaj Allianz General Insurance ... vs Mamchandra And Ors
2022 Latest Caselaw 365 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

           S.B. Civil Miscellaneous Appeal No. 4871/2017

Bajaj Allianz General Insurance Company Ltd., Having Its
Registered Office At Ge Plaza, Airport Road, Yarawada, Pune
411006 And Having Its Regional Office At O-12, Ashok Marg,
Mundra     Tower,   C-Scheme,         Jaipur      Through       Its    Constituent
Attorney
                                                                      ----Appellant
                                   Versus
1.     Mamchandra S/o Shri Ramswaroop, R/o Nangal Faliya,
       P.s. Nangal Choudhary, District Mahendragarh, Haryana
2.     Smt. Anita Devi W/o Mamchandra, R/o Nangal Faliya, P.s.
       Nangal Choudhary, District Mahendragarh, Haryana
3.     Rajkumar Nandgani S/o Shri Vishwanath Nandgani, R/o
       Choki Goverdhanpura, Teh. Kotputli, Currently Residing At
       Near Behror Bus Stand, Distt. Alwar
                                                                ----Respondents

For Appellant(s) : Mr. C.S. Jodha, through VC

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

17/01/2022

A challenge in the instant misc. appeal has been made to the

impugned judgment and award dated 29.06.2017 passed by the

Court of learned Commissioner Workmen's Compensation, Jaipur,

District II, Jaipur (for short 'the learned Commissioner') in ECCF

106/2011 by which the claim petition filed by the claimant-

respondent has been allowed and the Insurance company has

been directed to pay compensation of Rs.4,50,440/- to the

claimant-respondent with interest.

(2 of 2) [CMA-4871/2017]

Feeling aggrieved by the impugned judgment and award, the

Insurance company has preferred instant appeal on the ground

that the deceased was not working under the employment of the

owner of the vehicle and there exists no relationship between

workman and the owner of the vehicle. Hence, the learned

Tribunal recorded a perverse finding while deciding these issues.

In the considered opinion of this Court, the findings given by

the learned Commissioner are based on sound appreciation of

evidence and the same is not liable to be disturbed by this Court

as no substantial question of law is involved in this appeal.

The Hon'ble Supreme Court has decided this issue in the

case of "North East Karnatka Transport Corporation Vs. Sujatha

reported in 2019 (11) SCC 514, wherein it has been categorically

held that the appeal filed against the award passed by the learned

Commissioner is not maintainable if any substantial question of

law is not involved in the case.

During the course of arguments, this fact has come on the

record that the entire amount of compensation has already been

disbursed to the claimaint-respondent.

Thus, in view of the discussions made hereinabove, no

substantial question of law is found to be involved in this appeal.

Hence, the present civil misc. appeal filed by the Insurance

Company along with stay application stand dismissed.

No order as to cost.

All the pending applications, if any, stand disposed of.

(ANOOP KUMAR DHAND),J

HEENA GANDHI /27

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