Uttarakhand High Court
Unknown vs Hasan Mohamad And Others on 10 October, 2025
2025:UHC:9044
IN THE HIGH COURT OF UTTARAKHAND AT
NAINITAL
Appeal From Order No.272 of 2022
10th October, 2025
The United India Insurance Company Ltd. ........Appellant
Versus
Hasan Mohamad and others .........Respondents
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Presence:-
Mr. D.C.S. Rawat, learned counsel for the appellant.
Mr. Mr. Syed Nadim and Mr. Bhupendra Prasad, learned counsel
for respondent nos.1 & 2.
Mr. B.M. Pingal and Mr. Susheel Kumar, learned counsel for the
respondent no.3.
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Hon'ble Alok Mahra, J.
The present appeal under Section 30 of the
Employees' Compensation Act, 1923 (hereinafter referred
to as "the Act") has been filed by the appellant/Insurance
Company challenging the judgment and award dated
26.05.2022 passed by the learned Employees'
Compensation Commissioner/ Chief Judicial Magistrate,
Rudraprayag, District Rudraprayag, in E.C.A. Case No.05
of 2020, Hasan Mohmad & Another vs. Singla
Construction Co. Ltd. & Another. By the impugned
award, the learned Commissioner has awarded
compensation of Rs.8,85,480/- along with interest @12%
2025:UHC:9044
per annum from the date of filing of the petition till
actual payment, in favour of respondent nos.1 &
2/claimants and against the appellant/Insurance
Company.
2. The case of the claimants before the learned
Commissioner was that the deceased workman,
Mohammad Harshid, was employed as a Side Engineer
with M/s Singla Construction Company Ltd., Fata.
During the course of his employment, on 19.10.2019,
while he was engaged in construction work with a JCB
machine near Tarsali Village, District Rudraprayag, a
rock collapsed, causing him to be buried under the
debris. He was rescued with the help of the district
administration, local residents, and company staff, and
taken to Fata Hospital, where he was declared dead.
3. It was further pleaded that the deceased was
the sole earning member of the family, and the claimants
were entirely dependent upon his income. Accordingly,
the claimants claimed compensation under Section 4 of
the Act, amounting to Rs.30,00,000/-.
4. The principal contention raised by the learned
counsel for the appellant/Insurance Company is that the
Copper Earthquake Moving Machine was insured only for
2025:UHC:9044
the driver and helper. Since the deceased was working on
the post of Junior Engineer (JE), he was not covered
under the insurance policy. He has further submitted
that the learned Commissioner failed to appreciate that
the deceased was shown as a Junior Engineer in the
company records, and therefore, the employer-employee
relationship was not established.
5. Per contra, learned counsel for the
respondents/claimants submitted that the impugned
award is just and proper and does not warrant any
interference. He would further submit that the deceased,
though designated as a JE, was actually performing the
duties of a skilled helper in the operation of the insured
machine, and this fact was duly proved before the
learned Commissioner.
6. Heard learned counsel for the parties and
perused the record.
7. The record reveals that the deceased was
engaged by M/s Singla Construction Co. Ltd. at the
project site and the accident occurred during the course
of his employment while operating the insured JCB
machine. The employer's witness and documentary
evidence have established that the deceased was
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performing duties in connection with the insured
machine. Therefore, the employer-employee relationship
stands proved.
8. The learned Commissioner, after due
appreciation of the evidence, rightly held that the death
of the deceased occurred during the course of
employment and that the employer and insurer were
jointly and severally liable to pay compensation. This
Court finds no illegality or perversity in the findings
recorded by the learned Commissioner warranting
interference under Section 30 of the Act.
9. Accordingly, the appeal is dismissed. The
impugned judgment and award dated 26.05.2022 passed
by the learned Employees' Compensation Commissioner
/ Chief Judicial Magistrate, Rudraprayag, in E.C.A. Case
No.05 of 2020 is hereby affirmed.
(Alok Mahra, J.)
10.10.2025
BS
BALWANT Digitally signed by BALWANT SINGH
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF
UTTARAKHAND,
2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2eacbf28cd
SINGH
f4ba7ce8640c5820, postalCode=263001, st=UTTARAKHAND,
serialNumber=04E141DF4614F9A4D5F48346EB553DE5185F41875
5DC00A7A13C14A680C3FA90, cn=BALWANT SINGH
Date: 2025.10.14 16:17:00 +05'30'
