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2024 Supreme(Raj) 1278

NARENDRA SINGH DHADDHA
Iffco-Tokio General Insurance Company Ltd. – Appellant
Versus
Neeraj – Respondent


Advocates:
Advocate Appeared:
For the Appellant : C.S. Jodha
For the Respondent: Nitesh Rawat

JUDGMENT :

Narendra Singh Dhaddha, J.

1. This Civil Misc. Appeal has been filed by the appellant- Insurance Company (for short 'the Insurance Company') under section 30 of Workmen's Compensation Act, 1923 (for short, the Act of 1923) against the judgment dated 09.05.2017 passed by the Commissioner, Workmen's Compensation Act, Jaipur District No. 2, Jaipur (for short 'the learned Commissioner') in claim case No. ECCNF 132/2010 titled as “Neeraj v. Rajpal and Anr.” whereby learned Commissioner has awarded a sum of Rs.1,37,331/- alongwith interest @ 12% P.A. w.e.f. 23.01.2010 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 further submits that vehicle so insured was being driven in absence of a valid and effective driving license. So, appeal be allowed and judgment dated 09.05.2017 passed by learned Commissioner be set aside.

3. At the

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