Court No. - 1
Case :- FIRST APPEAL FROM ORDER No. - 1730 of 2020 Appellant :- The New India Assurance Co. Ltd. Respondent :- Rajendra Pratap Singh And Another Counsel for Appellant :- Subash Chandra Srivastava Counsel for Respondent :- Manoj Kumar Dubey
Hon'ble Vivek Agarwal,J.
1. Heard Sri S.C. Srivastava, learned counsel for the appellant, Sri Ram Surat Patel, learned counsel for the claimants and Sri Manoj Kumar Dubey, learned counsel for the respondent no.2.
2. This appeal has been filed by the Insurance Company being aggrieved of the award dated 03.11.2020 passed by the learned Commissioner under Employees Compensation Act and Assistant Labour Commissioner, Prayagraj in Case No. E.C. 70 of 2018 on the sole ground that the factum of employment of the deceased with the respondent no.2 was not proved before the learned Claims Tribunal, as respondent no.2-Employer of the deceased did not appear before the Tribunal despite service of notices and had not filed any written statement.
3. When this Court specifically asked Sri S.C. Srivastava, learned counsel for the Insurance Company/appellant, as to whether, they had examined the owner/employer whose vehicle is insured by the appellant, and with whom they had a privity of contract to deny factum of employment, then he fairly submits that Insurance Company had not taken any pains to examine the employer with whom, the Insurance Company had privity of contract. It has also come on record that no other witness was examined by the Insurance Company to deny the factum of employment, therefore, now it is not open to the Insurance Company to challenge the award on the ground that relationship of employe-employer was not proved before the learned Claims Tribunal.
4. On the contrary, there is appreciation of evidence and learned Claims Tribunal has specifically noted that on the basis of the permit G.D., Panchnama, Post-mortem, fitness, Insurance Policy, driving license and authorization certificates coupled with he evidence which has come on record, factum of employment of the deceased with the respondent no.2 stands proved.
5. In absence of any material to the contrary, this Appeal is devoid of merits, deserves to be dismissed and is dismissed.
Order Date :- 6.1.2021 Ashutosh