The New India Assurance Co Ltd v. Vijay Laxmi And ORS

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO 230/2016, CM APPL. 18951/2016 & CM APPL.

18952/201 THE NEW INDIA ASSURANCE CO LTD .....Appellant Through:

Mr. Pankaj Seth, Adv. along with Ms. Khushi Sachdeva, Proxy Counsel.

versus VIJAY LAXMI AND ORS .....Respondents Through:

Mr. M.K. Rathee, Adv. for R-1 to 4.

CORAM:

HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R

% 07.05.2025 1.

This hearing is being conducted through hybrid mode. 2.

No one appeared for the appellant/Insurance Company when the matter was called.

3.

Learned counsel for the respondent No. 5/employer is only present.

4.

Having gone through the record of the present case, I find that the present appeal is bereft of any merits.

5.

The appellant/Insurance Company is assailing the impugned order dated 18.12.2015, whereby the claim of respondents No. 1 to 4, who are the widow and children of the deceased/Ram Rohit Yadav, seeking compensation under Section 22 of the Employee's Compensation Act, 1923 was allowed and the compensation to the tune of Rs.6,12,360/- has been allowed with interest @ 12% p.a. from the date of the accident/death, i.e., 20.06.2012 besides Rs.5,000/- as funeral charges.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/05/2025 at 14:27:09

6.

The liability to pay compensation has been imposed upon the appellant/Insurance Company. The grievance of the appellant insurance company is that no substantive evidence was led that the deceased was employed with the insured.

7.

The learned Commissioner, Employee's Compensation has categorically held that there was existing a relationship of employer and employee between the parties and the death occurred, arising out of and in the course of employment of the deceased with the respondent No. 5.

8.

No substantial question of law is raised. The appeal is dismissed.

9.

Pending applications, also stand disposed of. DHARMESH SHARMA, J MAY 7, 2025/gunn 10.

At this stage, Mr. Pankaj Seth, learned counsel for the appellant/Insurance Company appeared and was apprised of this order. DHARMESH SHARMA, J MAY 7, 2025/gunn/sa The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/05/2025 at 14:27:09