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2023 Supreme(Raj) 1314

NARENDRA SINGH DHADDHA
Reliance General Insurance Company Limited – Appellant
Versus
Rinku Kumar Yadav S/o Sh. Gangadutta Yadav – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Chanderdeep Singh Jodha, Adv.
For the Respondent: Mr. Nitesh Rawat, Mr. Girish Khandelwal, Adv.

JUDGMENT :

1. This Civil Misc. Appeal has been filed by the appellant- Insurance Company (for short ‘the Insurance Company’) u/s 30 of Workmen’s Compensation Act, 1923 (for short, the Act of 1923) against the judgment dated 13.06.2016 passed by learned Workmen Compensation Commissioner, Alwar in claim case No. E.C.C./N.F. 71/2013 titled as Rinku Kumar Yadav Vs. Hawasingh & Anr., whereby learned Commissioner has awarded a sum of Rs.16,97,740/- alongwith interest @ 12% P.A. w.e.f. 21.12.2011 in favour of the claimant-respondent No.1 (for short ‘the claimant’).

2. Learned counsel for the Insurance Company submits that learned Commissioner wrongly allowed the claim petition filed by the claimant. Learned counsel for the Insurance Company also submits that there was no relationship of employee and employer between the claimant and owner of the vehicle. Learned counsel for the Insurance company also submits that there was no evidence to the effect that the claimant was earning Rs.8,000/- per month. So, appeal be allowed and judgment dated 13.06.2016 passed by learned Commissioner be set aside.

3. At the outset, learned counsel for the claimant submits that no substantial question of law is

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