[2025:RJ-JP:47143]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1077/2020 National Insurance Company Limited, Through Divisional Manager, 61 Aerodrome, Alwar Through National Insurance Co. Ltd. Regional Office At NBCC Centre, Plot No. 132-135, 3^rd and 5^th Floor, Lal Kothi Scheme, Sahkar Marg, Jaipur 302015 (Raj)

----Appellant Versus

1. Smt. Chanda Devi W/o Late Shri Vijendra, aged about 39 Years, 2. Km. Mahima D/o Late Shri Vijendra, aged about 18 Years, 3. Km. Babita D/o Late Shri Vijendra, aged about 15 Years, 4. Km. Bhumika D/o Late Shri Vijendra, aged about 12 Years, 5. Dharmendra S/o Late Shri Vijendra, aged about 9 Years, {Claimant-respondent No.3 to 5 minors through natural guardian and mother Smt. Chanda Devi}

6. Smt. Laxmi W/o Chotelal, aged about 70 Years, 7. Chotelal S/o Shri Chander, aged about 75 Years, R/o Gram Narnaul Kalan, Tehsil Laxmangarh, District Alwar (Raj)

8. Messrs. Ramkishore, Gram Narnaul Kalan, Tehsil Laxmangarh, District Alwar through owner (electricity contractor)

----Respondents For Appellant(s) : Mr. Vinod Tyagi For Respondent(s) :

HON'BLE MR. JUSTICE MANEESH SHARMA

Order

21/11/2025

1. Matter has come up on an application (I.A. No.511/2020) filed under Section 5 of the Limitation Act for condonation of delay in filing the appeal.

2. For the reasons stated in the application (I.A. No.511/2020), the same is allowed. Delay in filing the appeal is condoned.

3. The present appeal has been filed by the appellant under Section 30 of the Employees Compensation Act, 1923, challenging the award dated 02.09.2019 passed by the learned Commissioner, Employees Compensation Act, 1923, Alwar in Claim Case No. E.C.A./F/25/2015 titled 'Smt. Chanda Devi & Ors v/s M/s. Ramkishore & Anr.', whereby the claim petition filed by the claimants has been partly allowed, and compensation to the tune of Rs.6,65,160/- along with interest @ 12% per annum has been awarded in favour of the claimants.

4. Brief facts giving rise to the present appeal are that on 15.04.2015 at about 5-6 PM, deceased-Vijendra while working under the employment of Respondent No. 8 on an electric pole at Gram Parda, District Badwani (Madhya Pradesh), fell down and died during the treatment at the local hospital. It was stated in the claim petition that the accident occurred during the course of employment, the deceased was 35 years of age and earning Rs.13,000/- per month, and the defendant-appellant filed a reply to the said claim petition.

5. After hearing the arguments of the learned counsel for the parties, the learned Commissioner decided Issue Nos.1 to 3 in favour of the claimants and awarded a claim of Rs.6,65,160/-

along with interest @ 12% per annum.

6. Learned counsel for the appellant submits that the present appeal has been filed by the Insurance Company merely on the ground that the learned Commissioner has erred in deciding the issue pertaining to the employee-employer relation because the relationship between the employee and employer (i.e. the deceased-Vijendra and M/s Ramkishore) was not proven and as such, the claim petition under the Workmen's Compensation Act was not maintainable. Therefore, he prays that the impugned award may kindly be set aside.

7. Heard the submissions advanced by the learned counsel for the appellant and perused the material available on record.

8. The arguments raised by the learned counsel for the appellant that the claimants have failed to prove the fact whether the deceased died during the course of employment as the employer-employee relationship is not proved, can not be accepted because in order to prove the said Issue No. 1 and 2, the claimants have examined Smt. Chanda Devi and produced as many as four documents, whereas neither the employer (Respondents No. 8 herein) nor the Insurance Company (appellant herein) has led any evidence to controvert the same. Accordingly, the learned Commissioner, in view of the uncontroverted evidence, decided the said issues in favour of t