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2023 DIGILAW 754 (ALL)

Oriental Insurance Company Ltd. v. Asghar

2023-03-20

K.J.THAKER

body2023
JUDGMENT Dr. Kaushal Jayendra Thaker, J. This appeal has been preferred by the appellant under Section 30 of Workmen's Compensation Act challenging the judgement and award dated 30.11.1999 passed by the Workmen's Compensation Commissioner/Assistant Labour Commissioner, Bulandshahr in WC Case No. 6 of 1999 whereby the learned Commissioner has awarded compensation of Rs.2,16,910/- with interest at the rate of 12%. 2. The appellant has challenged the award of the learned Commissioner on the following substantial questions of law: "A). Whether in absence of any evidence to establish that the death was the result of kidnapping of the alleged vehicle and killing by the kidnappers while the deceased was in the course of employment of the owner of the truck, Court below was justified in allowing the claim petition" B). Whether in absence of any evidence in respect of the valid driving license held by the deceased at the time of alleged incidence, the Court below was justified in allowing the claim petition? C). Whether the death of the owner of the vehicle during pendency of the claim petition and non-impleadment of his heirs and legal representatives, the appellant company was liable to be absolved of its liability? 3. The deceased-Anwar Ahmad was driver of respondent-owner and was being paid Rs.2000/- per month plus Rs.50/- for daily diet. He was employed at Truck No.HR26A 2045. On 1.2.1997, upon the direction of respondent-owner, the deceased went to Gwaliar from Delhi by plying the loaded truck. On 3.2.1997, during the course of his employment he was murdered and his dead body was found in Agra near Jharna Nala under Atmadpur Police Station. The legal heirs of the deceased was denied compensation by the original respondents and, therefore, they preferred the claim petition which was allowed by the learned Commissioner as above. 4. As far as question No.A is concerned, the said issue is no longer res integra. The answer to this question whether a murder can be said to give rise a case under Workmen's Compensation Act, is covered by judgement of the Apex Court in Rita Devi v. New India Assurance Company Limited, 2000 LAWS(SC) 499. 4. As far as question No.A is concerned, the said issue is no longer res integra. The answer to this question whether a murder can be said to give rise a case under Workmen's Compensation Act, is covered by judgement of the Apex Court in Rita Devi v. New India Assurance Company Limited, 2000 LAWS(SC) 499. As far as other substantial questions of law are concerned, the commissioner has come to the conclusion that the owner had shown the deceased as driver of the truck while lodging the report before the police station and that is how he has accepted the employment of the deceased. As far as non-joinder of legal heirs of the owner is concerned, the learned commissioner after hearing the appellant and on considering the objection raised by claimants had rejected the application of the appellant-Insurance Company. Be that as it may, all these questions are in the realm of question of facts and the finding of the Commissioner on these issues are not perverse. 5. This Court is fortified in its view by the decision of the Apex Court passed in Civil Appeal No.7470 of 2009 North East Karnataka Road Transport Corporation v. Smt. Sujatha decided on 2.11.2018, Golla Rajanna Etc. Etc. v. Divisional Manager and Another, 2017 (1) TAC 259 (SC) & Mayan v. Mustafa and another, 2022 ACJ 524 wherein the Apex Court has held that under section 30 of Workmen Compensation Act, the High Court cannot enter into the arena of facts unless they are proved to be perverse and unless there is a question of law involved. The decision in Salim v. New India Assurance. Co. Ltd. and another, 2022 ACJ 526 also will not permit this Court to interfere with the well reasoned judgement of learned Commissioner. 6. In view of the above, the appeal fails and is dismissed. 7. Interim relief, if any, shall stand vacated forthwith. The Registry will forward this order to the Workmen Compensation Commissioner who shall immediately summon the legal heirs of the claimant and disburse the amount kept in fixed deposit with interest accrued on the said amount till date within 30 days from the date of receipt of this order.