Dismissed

The New India Insurance Company Ltd. v. Vijai Laxmi and Others

Allahabad HC22 Sept 2022FAFO/633/1995

Case brief

AI extract

What is this about?

The High Court dismissed the appeal filed by an insurance company challenging the compensation award of the Workmen Compensation Commissioner. The court held that the Commissioner's findings of fact were not perverse and that the High Court cannot intervene in factual matters unless they are proved perverse under Apex Court precedents. Interim relief was vacated and the amount directed to be disbu

What did the court decide?

Impugned order dismissed. Substantial questions of law answered against appellant. Interim relief vacated. Awarded amount to be disbursed forthwith.

The New India Insurance Company Ltd. Vs Vijai Laxmi… — Service and Employment | Allahabad HC (2022)

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Court No. - 44

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Case :- FIRST APPEAL FROM ORDER No. - 633 of 1995

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Appellant :- The New India Insurance Company Ltd. Respondent :- Vijai Laxmi And Others Counsel for Appellant :- R.J.Verma,Sri Prakash Lal Counsel for Respondent :- K.M. Mishra

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Hon'ble Dr. Kaushal Jayendra Thaker,J.

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Heard.

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Without adverting to the facts, it is clear that the order of the Workmen Compensation Commissioner is challenged on the grounds which are in fact a question of fact. The finding of fact is neither perverse nor explicable. It is an admitted position of fact that deceased died due to employment injuries. The compensation awarded cannot be said to be perverse.

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Recently the Apex Court in the judgment in Golla Rajanna Etc. Etc. Vs. Divisional Manager and Another, 2017 (1) TAC 259 (SC ) and later on in Civil Appeal No.7470 of 2009 North East Karnataka Road Transport Corporation Vs. Smt. Sujatha decided on 2.11.2018 wherein it has been held that under Section 30, the High Court cannot enter into the arena of facts unless they are proved to be perverse.

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In this matter, learned counsel for the appellant though has vehemently contested the matter but has not been able to show that the finding of the learned Commissioner is perverse.

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This Court is even supported in its view by the decision of the Apex Court in Oriental Insurance Company Vs. Siby George and Others, 2012 (4) T.A.C. 4 (S.C.) and the F.A.F.O No. 2748 of 2019 dated 15.10.2019.

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In view of the above, the appeal fails and is dismissed. The show called questions of law framed by the Insurance Company are answered against it. In fact the substantial questions of law raised are the questions of fact.

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This Court is thankful to learned counsel for the appellant for ably assisting this Court.

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Interim relief, if any, shall stand vacated forthwith. The amount be disbursed to the claimant forthwith.

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Order Date :- 22.9.2022/DKS

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Digitally signed by DEEPAK KUMAR SRIVASTWA Date: 2022.10.11 19:44:33 IST Reason: Location: High Court of Judicature at Allahabad

The New India Insurance Company Ltd. v. Vijai Laxmi and Others

Case brief

What is this about?

What did the court decide?

The New India Insurance Company Ltd. v. Vijai Laxmi and Others

Case brief

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