2026:CGHC:11598 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by SHOAIBS A H N O W A A I R B ANWARDate:

2026.03.12 11:24:38 +0530 MAC No. 790 of 2022 Branch Manager The National Insurance Company Limited, Kamathi Line Rajnandgaon, District Rajnandgaon (C.G.), Through In-Charge, T.P. Hub, T.P. Hub Office, Vyapar Bihar Road, Above Canara Bank, Bilaspur (C.G.) Pin - 495001 ... Appellant versus

1 - Smt. Pramila Thakur W/o Late Shri Bramha Singh Thakur Aged About 50 Years R/o Village Ranitalab, Thana Chichola, District Rajnandgaon (C.G.)

2 - Hemant Kumar Shende S/o Makhan Shende, Village And Post Chhuriya, Tehsil Churiya, District Rajnandgaon (C.G.)

... Respondent(s)

(Cause title taken from CIS)

For Appellant : Shri Akash Shrivastava, Advocate appears on behalf of Shri R.N. Pusty, Advocate.

For Respondent No. 1 : Shri Khilendra Sahu, Advocate.

For Respondent No. 2 : None, despite service of notice.

Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board

11.03.2026

1. This appeal under Section 30 of the Employees’ Compensation Act, 1923 has been preferred by the appellant–Insurance Company against the award dated 05.04.2022 passed by the learned Commissioner, Employees’ Compensation-cum- Labour Court, Rajnandgaon in Case No.15/2012/W.C. Act/Fatal whereby compensation of Rs.8,61,120/- along with interest has been awarded in favour of the claimant.

2. The brief facts of the case are that the respondent/claimant filed an application under Section 22 of the Employees’ Compensation Act, 1923 claiming compensation on account of death of her son Ravindra Thakur. It was pleaded that the deceased Ravindra Thakur was working as a driver under respondent No.2 (owner of the vehicle) and on 03.02.2012, while he was returning after attending a marriage function by driving Maruti Omni Van bearing registration No. CG-07/1650, the said vehicle was hit by an unknown truck between village Avratola and Patetola. Due to the accident, the deceased got trapped inside the vehicle and died on the spot. It was further pleaded that the deceased was aged about 26 years and was earning Rs.8,000/- per month as driver and the claimants were dependent upon his income. Accordingly, compensation was claimed under the provisions of the Act.

3. The owner of the vehicle remained ex parte before the Commissioner. The present appellant/Insurance Company contested the claim denying employer-employee relationship and also contended that the vehicle was being used for hire and reward in violation of policy conditions.

4. After considering the oral and documentary evidence on record, the learned Commissioner held that the death of the deceased occurred during the course of employment and awarded compensation of Rs.8,61,120/- along with interest. Aggrieved by the said award, the present appeal has been preferred.

5. Learned counsel for the appellant submits that the learned Commissioner has erred in law in passing the impugned award. It is contended that the Commissioner failed to consider the material evidence on record, particularly the admissions made by claimant Brahma Singh (father of the deceased), who died during pendency of the proceedings, in his cross-examination and the contents of the FIR, which indicate that the vehicle was in the control of the claimant and was being operated on booking. It is further submitted that the vehicle was being used for hire and reward in violation of the terms and conditions of the insurance policy and therefore the appellant–Insurance Company cannot be held liable to pay compensation. It is also argued that there was no employer-employee relationship between the deceased and the insured owner of the vehicle and the finding recorded by the Commissioner in this regard is perverse. Therefore, the impugned award fastening liability upon the appellant deserves to be set aside.

6. I have heard learned counsel for the parties and perused the record.

7. The principal contention of the appellant–Insurance Company is that the deceased was not