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2024 Supreme(Raj) 618

NARENDRA SINGH DHADDHA
HDFC Ergo General Insurance Company Ltd. – Appellant
Versus
Mota Ram, S/o. Shri Uma Ram – Respondent


Advocates Appeared:
For the Appellant : Mr. Virendra Agrawal.
For the Respondent: Mr. Vinay Mathur.

JUDGMENT :

Narendra Singh Dhaddha, J.

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 13.04.2017 passed by learned Workmen Compensation Commissioner, Sikar (Camp Alwar) in claim case No. E.C.C./N.F. 01/2014 titled as Mota Ram Vs. Sharwan Ram & Ors., whereby learned Commissioner has awarded a sum of Rs.3,26,331/- alongwith interest @ 12% P.A. from the date of incident 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 existence of relationship of employee and employer between the claimant and owner of the offending vehicle. Learned counsel for the Insurance company also submits that insurance policy was issued only for the purpose of covering the risk of driver alone and the kutti machine attached thereto was neither registered nor insured with the Insurance Company. Hence, the Insurance Company cann

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