The court emphasized that factual issues such as accident, employment relationship, and negligence are crucial in determining liability under the Employees Compensation Act.

JUDGMENT :

1. This is an appeal against the award dated 24.12.2018 passed by the Assistant Labour Commissioner, Jammu (hereinafter to be referred as "the Commissioner") under the Employees Compensation Act, 1923, by virtue of which the appellant has been directed to deposit an amount of Rs.9,74,985/- (Rupees Nine Lacs Seventy Four Thousand Nine Hundred Eighty Five Only) within 30 days of the passing of the order.

2. The award has been impugned on the following grounds:-

(i) That the deceased was not an employee within 'the meaning of Section 2(dd) read with Schedule II of the Act (Supra).

(ii) That the award impugned is perverse as the Commissioner completely ignored the pleadings, facts and relevant material on record.

(iii) That no reasonable opportunity of advancing the final arguments was afforded to the appellant.

(iv) That the deceased expired while on a private trip to Srinagar and was not on official duty.

(v) That the respondent No. 1 submitted her examination in chief by way of an attested affidavit but in her cross examination, she has clearly stated that she never appeared before anyone for attestation of her affidavit.

(vi) That the claimants and witness, namely, Kamal Jeet Dhar in their cross examination have admitted that an insurance claim with respect to the accident was paid by the insurance company, which fact was not disclosed in the claim petition.

(vii) That the respondent No. 1 in her cross examination has admitted that as per the policy of the company, the deceased was only allowed to travel using the public transport (Bus), as such, there was wilful disobedience of the deceased as per rules issued by the company. The approval of the company to the deceased was the bus travel only but the deceased went in Bolero vehicle.

(viii) That the Commissioner has completely ignored the final investigation report, wherein the negligence of the deceased was established.

3. The appellant has proposed the following substantial questions of law:-

(i) Whether the award impugned is perverse being passed without considering the material available and placed on record?

(ii) Whether an-unattested evidence by way of an affidavit can be treated as valid in the eyes of law?

(iii) Whether the award could have been passed without affording the appellant with an opportunity of advancing the final arguments?

(iv) Whether after the receipt of compensation from the insurance company, another compensation award can be passed/claimed ?

4. Mr. Vishal Goel, learned counsel for the appellant vehemently argued that there was no relationship of employer and employee between the appellant and the deceased and further that the appellant did not meet with an accident during the course of his employment as he was on a private visit. He further submitted that the deceased was entitled to travel by bus only and assuming that he was on official duty, he could not have travelled in a private Bolero vehicle. Mr. Goel further argued that the vehicle was being plied without registration number and in view of that, the appellant cannot be fastened with any liability under the Act. Mr. Goel further submitted that the interest @12% per annum could not have been imposed upon the appellant. Learned counsel for the appellant has placed reliance upon the judgment of the Hon'ble Supreme Court in case titled, "United India Insurance Co. Ltd. vs. Sushil Kumar Godara", (2021) 14 SCC 519, and the judgments of this Court in case titled, "Geeta Devi and others vs. Som Nath and another", 2013 (2) J.K.J. 226 and "New India Assurance Co. Ltd. vs. Lal Dei and Ors.", 2013 AAC 2950.

5. Per contra, Mr. Sanjay K. Dhar, learned counsel appearing for the respondent Nos. 1 to 3/claimants argued that the award has been passed on the basis of evidence led by the parties and the witnesses examined by the appellant, namely, Jai Narayan Tiwari and Narendra Pal Singh have admitted that Sales Executives of the company have to visit the dealers for marketing the products of the company and further