United India Ins. Co.Ltd. v. Krishna Kumari And ORS

(O&M) (O&M) Date of decision : 31.07.2025 United India Insurance Co. Ltd.

...... Appellant

Versus

Krishna Kumari & ors.

..... Respondents CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN *** Present :- Mr. Neeraj Khanna, Advocate for Mr. Ravinder Arora, Advocate for the appellant.

*** PANKAJ JAIN, J. (ORAL) Challenge is to the order dated 29.06.1998 passed by Commissioner, Ludhiana, under the Workmen's Compensation Act, 1923 (for short, 'the 1923 Act'), whereby the claim petition filed by the respondents-claimants seeking compensation on account of death of Arun Kumar in an accident arising out of and during the course of employment has been allowed, and the claimants were held entitled to a compensation amount of ₹88,548/-.

The only issue raised by the counsel for the appellant is with respect to employer-employee relationship. It has been contented that the Commissioner wrongly rejected findings on issue No.2 in the absence of there being any evidence to prove the relationship. However, it has come on record that the deceased lost his life while on duty as a Cleaner on truck bearing registration No.PB-10F-9589, which met with an accident. Police POOJA SHARMA 2025.08.05 19:08 I attest to the accuracy and integrity of this document

(O&M) report, which is on record contains the fact that the deceased was travelling on the truck as Cleaner. The aforesaid evidence was brought before the Commissioner. It has gone unrebutted. The employer opted not to appear, and even the insurer made no effort to examine the insured employer to rebut the said evidence.

In view thereof, no exception can be taken to the finding recorded by the Commissioner. In the absence of there being any substantial question of law which is sine-qua-non to maintain the appeal under Section 30 of the 1923 Act the appeal is ordered to be dismissed. ( PANKAJ JAIN ) 31.07.2025 JUDGE Pooja Sharma-I Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POOJA SHARMA 2025.08.05 19:08 I attest to the accuracy and integrity of this document