The Oriental Insurance ... vs Smt.Laxmamma Others
2023 Latest Caselaw 164 Tel

            THE HON'BLE SRI JUSTICE M.LAXMAN

       CIVIL MISCELLANEOUS APPEAL No.1557 of 2008

JUDGMENT:

1. The present Appeal is directed against the Order dated

30.04.1996 in W.C.No.642 of 1995 on the file of the learned

Commissioner for Workmen's Compensation, Ranga Reddy

District, at Hyderabad.

2. Heard both sides

3. The main challenge in the present Appeal is that the

Commissioner while awarding compensation has not taken into

consideration the criminal records more particularly the first

information report, which demonstrate that the deceased was a

labourer travelling in the vehicle.

4. Learned counsel for the appellant contended that the

deceased along with others were travelling in the vehicle as

gratuitous passengers and the appellant is not liable to pay

compensation.

5. The Commissioner has rejected the said claim on the

ground that, none was examined to prove Exs. B1 to B4. The

Commissioner also considered the admission of the owner of the

vehicle that the deceased and other injured labourers were

travelling as workmen and they were not gratituous passengers. It

is unfortunate that the claimants as well as the insurance

company have not chosen to file a final report as to the final

result of investigation. The First Information Report (for short,

"FIR") is the basis for initiation of criminal proceedings.

Ultimately, the investigation result is the criterian to know

whether the deceased and the injured were travelling on the

vehicle as gratuitous passenger or as workmen of the owner of the

vehicle.

6. The insurance company disputed the employment of the

deceased, as pleaded by the owner. So, the burden is on the

insurance company to disprove the claim of owner by producing

admissible evidence. The FIR shows that the deceased along with

others met with accident while travelling in the lorry, but it is not

explained why they have not filed the charge sheet. The

concerned investigating officer ought to have been examined to

show that the deceased and the injured were travelling on the

vehicle as gratuitous passengers. When such is not the evidence,

the claim of the insurance company is unmerited. I do not find

any perversity in findings of the Commissioner so as to interfere

in this Appeal and the same liable to be dismissed.

7. Hence, the Civil Miscellaneous Appeal is dismissed

confirming the Order dated 30.04.1996 in W.C.No.642 of 1995

passed by the learned Commissioner for Workmen's

Compensation, Ranga Reddy District, at Hyderabad. No costs.

Miscellaneous Petitions, pending if any, shall stand closed.

______________________ JUSTICE M.LAXMAN 09.01.2023 ESP

THE HON'BLE SRI JUSTICE M.LAXMAN

C.M.A.No.1557 of 2008

Dated: 09.01.2023

ESP