ICICI Lombard General Insurance Company Limited v. Atma Singh
2022-01-18
ANOOP KUMAR DHAND
body2022
DigiLaw.ai
JUDGMENT 1. Instant appeal has been preferred by the appellant- Insurance company against the judgment and award dated 27.12.2012 passed by the Court of Workmen's Compensation Commissioner (hereinafter referred to as 'learned Commissioner'), Jaipur, District-I, Jaipur in claim case No. WCC/NF/123/2012 by which the claim petition filed by the claimant-respondent has been allowed and compensation of Rs.1,18,236/- with interest has been granted to the claimant-respondent. 2. Feeling aggrieved by the impugned judgment and award dated 27.12.2012, the appellant-Insurance Company has submitted this appeal only on the ground that the deceased was not working under the employment of the non-claimant- respondent No.2 and there was no instance of relationship of employee and employer between the claimant-respondent and the owner of the vehicle. 3. Learned counsel for the appellant-Insurance Company further submitted that perverse findings have been recorded by the learned Commissioner while deciding this issue. 4. Heard learned counsel for the appellant-Insurance Company and perused the documents available on record. 5. In the considered opinion of this Court, the findings given by the learned Commissioner are based on sound appreciation of the evidence and the same is not liable to be disturbed as no substantial question of law is involved in this appeal. The Hon'ble Supreme Court in the case of North-East Karnataka Road Transport Corporation and Ors. Vs. Smt. Sujata reported in (2019) 11 SCC 514 has held that the appeal filed against the award passed by the Workmenen's Compensation Commissioner is not maintainable if any substantial question of law is not involved in the same. Likewise, Hon'ble Supreme Court in the case of Golla Rajanna and Ors. Vs. The Divisional Manager and Ors., reported in 2017 (1) SCC 45 has held that under the scheme of the Workmen's Compensation Act, 1923, learned Commissioner is the last authority on facts and the High Court has very limited jurisdiction and it has no jurisdiction to re-appreciate the evidence recorded on its findings of facts. 6. Thus, in view of the above discussions, no substantial question of law is involved in this appeal hence this appeal filed by the appellant-Insurance Company is liable to be dismissed and is hereby dismissed. 7. No order as to cost. 8. All pending applications, if any, also stand disposed of.