Research › Search › Judgment

Orissa High Court · body

2007 DIGILAW 121 (ORI)

New India Assurance Company Ltd. v. Kundan Singh

2007-02-22

A.S.NAIDU

body2007
JUDGMENT A. S. NAIDU, J. : The order dated 27th March, 2000 passed by the ADM-cum-W.C. Commissioner, Mayurbhanj in W.C. Case No.10 of 1997 awarding a compensation of Rs.1,62,682.00 in favour of the present respondents 1 and 2 who being the parents of the deceased were the claimants in that case, is assailed in this appeal by the New India Assurance Company Limited. 2. Learned Counsel for the appellant-Insurance Company relying on the FIR lodged with regard to the alleged accident and death out of which the W.C. Case arose, assails the order of the W.C. Commissioner mainly on the ground that though in fact Gurnam Singh alias Gama, deceased son of the claimants, was the driver of truck bearing registration number DL-14-A-4186, he having no driving licence, the aforesaid W.C. Case was filed with the false averment that he was working in the said truck as a Helper. It is submitted that in view of such fact, the appellant-Insurance Company is not liable to pay any compensation to the claimants. 3. The submission of the learned counsel for the appel¬lant-Insurance Company is strongly repudiated by the learned counsel appearing for the claimant-respondents. According to him an FIR is not substantive evidence. In the present case the FIR in question was filed by a Gramarakshi and after investigation police has submitted charge-sheet in the case clearly indicating therein that one Gurminder Singh was the driver of the offending truck and deceased Gurnam Singh alias Gama was the Helper. 4. This Court heard learned counsel for the parties at length and perused the materials available on record. A perusal of the copy of the charge-sheet reveals that after due investiga¬tion police had submitted the same indicating therein that de¬ceased Gurnam Singh alias Gama was the Helper in the truck in question. In view thereof, the submission of the learned counsel for the appellant-Insurance Company cannot be accepted. This Court also finds that the evidence led in the case, both oral and documentary, corroborated the averments of the claimants. After going through the impugned order, this Court finds that the learned W.C. Commissioner has not committed any error apparent on the face of the record warranting interference of this Court with it. That apart, an appeal under Section 30 of the W.C. Act is to be entertained only on substantial questions of law. After going through the impugned order, this Court finds that the learned W.C. Commissioner has not committed any error apparent on the face of the record warranting interference of this Court with it. That apart, an appeal under Section 30 of the W.C. Act is to be entertained only on substantial questions of law. This Court does not find any substantial question of law in this appeal. Accordingly this Court declines to interfere with the impugned order. 5. However, this Court finds that the award of a compensa¬tion of Rs.1,62,682.00 is on higher side. Therefore this Court reduces the same to Rs.1,52,000.00. It is submitted that the entire amount of compensation as awarded by the learned W.C. Commissioner has been deposited before this Court. This Court therefore directs that out of the said deposit, the amount as per this judgment with proportionate interest accrued thereon be disbursed to the claimants on proper identification, and the balance amount be returned to the appellant-Insurance Company with proportionate interest accrued thereon by a crossed-cheque/draft. The appeal is accordingly disposed of. Appeal disposed of.