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2023 Supreme(Del) 1129

MANOJ KUMAR OHRI
New India Assurance Co. Ltd. – Appellant
Versus
Jogi Veko – Respondent


Advocates appeared:
Mr. J.P.N. Shahi, Advocate, for the Appellant.
Mr. Naveen Kumar Raheja, Mr. Vimal Dubey and Mr. Saurabh Dixit, Advocates for respondent Nos. 1 and 2.
Mr. Mohammad Ali and Ms. Prachi Gupta, Advocates for respondent No.3.

JUDGMENT

Manoj Kumar Ohri, J. (Oral)

1. By way of present appeal filed under Section 30 of the Employees' Compensation Act, 1923 (hereinafter, the 'EC Act'), the appellant has assailed order dated 01.06.2016 passed by the Commissioner, Employees' Compensation in Case No.CEC/D/30/WD/16/1076-1079, whereby claim petition of respondent Nos.1 and 2/claimants was allowed and the appellant directed to deposit death compensation, alongwith interest and funeral charges.

2. The contention raised by learned counsel for the appellant is that no evidence was led on behalf of the appellant and the impugned order came to be passed on the basis of written statement only.

3. Learned counsel for respondent Nos. 1 and 2, on the other hand, has supported the impugned order. It is submitted that in an appeal under Section 30 of the EC Act, this Court is only required to go into substantive question of law, if any. In this regard, reliance has been placed on the decisions of the Supreme Court in Golla Rajanna & Others. v. Divisional Manager & Another reported as (2017) 1 SCC 45, North East Karnataka Road Transport Corporation v. Sujatha reported as (2019) 11 SCC 514 and State Bank of India & Others. v

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