United India Insurance Co. Ltd. v. Rangappa S/o Rangappa
2017-02-02
S.SUJATHA
body2017
DigiLaw.ai
ORDER : 1. This review petition is filed by the Insurer seeking review of the judgment dated 28.10.2016 passed in MFA No. 10435/2012. 2. In para no. 3 of the judgment, in the substantial question of law, a typographical error has crept in, instead of typing as ‘deceased’ it is typed as ‘claimants’. The same is corrected and the corrected substantial question of law reads thus: “Whether the Commissioner was justified in holding that the employer and employee relationship subsisted between the respondent No. 1 herein and the deceased?” 3. The learned counsel appearing for the appellant-insurer further submits that the police record ostensibly demonstrates that there was no relationship of employer and employee between respondent No. 1 and the deceased-employee. An opportunity has to be provided to the insurance company to establish the same. It is trite that the scope of the review is very limited. The review is not an appeal in disguise. Repeated arguments advanced before this Court on merits cannot be countenanced, as the per-view of review is only to make certain corrections which are apparent on the face of the record. A different view cannot be substituted. This Court after analyzing the material on records had arrived at a conclusion that no substantial question of law arises for consideration. 4. It is settled legal position that the relationship between the employer and employee is a pure question of fact unless the insurer adduces evidence to substantiate the same, no arguments advanced at the appellate stage can be considered to construe the question of fact as question of law, much less, the substantial question of law. 5. Section 30 of Workmen’s Compensation Act contemplates that an appeal can be entertained only on the substantial question of law. Now, the counsel again arguing the matter on merits and consideration of the same would not fall within the realm of review as contemplated under Order 47 Rule 1 of CPC. No ground is made out to consider the case on merits. 6. The review is partly allowed, insofar as the correction carried out as aforesaid.