Reliance General Insurance Company Limited v. Shri.Sanket Kumar Hariprasad Chaurasiya And ANR.

osk 512-fast-7347-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST.) NO. 7347 OF 2018 Reliance General Insurance Co. Ltd.

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Appellant V/s.

Sanket Kumar Harirprasad Chaurasiya & Anr.

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Respondents • Mr.Mehta i/b. KMC Legal Venture for the Appellant. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 28th JANUARY, 2019.

P.C. :

1] Not on board. Upon mentioning taken on production board. 2] Heard learned counsel for the Appellant.

3] As the matter involves very short point for consideration, it is taken up for final hearing at the stage of admission itself. 4] Perused the impugned judgment dated 05/10/2017 passed by the Commissioner for Workmen's Comepnsation in Application (WCA) No.139/C-23 of 2013.

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osk 512-fast-7347-2018.odt 5] The Appeal Memo shows that only two grounds are taken in the present Appeal. One is the existence of employer and employee relationship. However, perusal of the judgment passed by the trial Court goes to show that absolutely no evidence was led to challenge the said relationship. In view thereof, the trial Court has rightly held the relationship as proved.

6] Though the quantum of compensation is also challenged, considering that the claimant has sustained 65% of the disability and the evidence of Doctor and the certificate on this point being not shattered, on the aspect of quantum of compensation also, no interference is required. Hence, the Appeal being without merits stands dismissed.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2