The New India Assurance Co. Ltd. Vs Murari Lal and Ors.

Having heard learned couns e l for the appellant and gone through t he contents of the application duly supported by the affidavit, sufficient cause has been mad e out to condone the delay in filing the appeal; thus, the same is allowed and delay of 49 days in filing the a ppeal is condoned.

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MAIN APPEAL

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By way of present appeal, c h allenge has been laid to the decision d ated 05.01.2026 passed by the learned Commissioner, Employe e ’s Compensation Act, 1923, Circle-IV, Gurugram (Haryana ) , whereby the claim application under Employee’s

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DINESH KUMAR 2026.07.10 14:24 I attest to the accuracy and integrity of this document

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FAO No. 3582 of 2026 (O&M) -2-

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Compensation Act, 1923, preferred at the instance of respondent No. 1-Murari Lal on account of the death of his son-Satyapal stands partly accepted.

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[2] While referring to the FIR No. 0093, dated 06.04.2022, registered at Police Station Surir, District Mathura (Uttar Pradesh), learned counsel for the appellant submits that the son of claimant/respondent No. 1 never died during the course of employment, as such, his claim petition was not maintainable.

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No other point has been raised.

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[3] I have heard learned counsel for the appellant and gone through the paper-book/record.

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[4] Before determining the issue in hand, it may be relevant to recapitulate the contents of FIR / Exhibit P-1; the true translated English Version thereof reads as under:-

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“ First Information Contents :

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Copy of the writing in Hindi submitted to the Inspector-inCharge, Police Station Surir, District Mathura. Respected Sir, it is humbly submitted that my son Satyapal Sharma had been working as a driver on a Maruti Dzire car, registration number UP85 BM 3290, owned by Ram Prakash Sharma, son of Late Sh. Hardyal Sharma, resident of my village for the last some days. Yesterday, that is on 05.04.2022, he was coming back from Mat to the village regarding owner's work. At around 4:00 PM, he reached near the Harnol turn on the Mat-Nohjhil road, just then, Amit Kumar Sharma, son of Dhanpal Sharma, and Krishna Kumar Sharma son of Niwas Sharma, residents of the same village, who were coming from the opposite direction on a

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DINESH KUMAR 2026.07.10 14:24 I attest to the accuracy and integrity of this document

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FAO No. 3582 of 2026 (O&M)

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-3-

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motorcycle registration number UP86R 3416, were spotted. Seeing them, my son steered the car off the paved road onto the unpaved strip and Amit Kumar Sharma also turned his motorcycle around and parked it off the road close by. Then all three people were conversing among themselves, when just then, from Surir’s side, the driver of Wagon R car bearing registration number UP 85 AV 5262, driving it at a very high speed and in a rash and negligent manner, came upon the completely wrong side and rammed into my son, and thereafter again rammed into the parked motorcycle; due to the severe impact of the crash, my son sustained extremely grave and fatal injuries, as a result of which he died on the spot . Amit and Krishna Kumar, who were standing nearby, narrowly escaped. Taking advantage of the opportunity, the driver left the car at the accident spot and fled. I have placed my son’s body in the mortuary at Mathura and have now come to register the report. Please register my report and take appropriate legal action. Applicant Signature (read in Hindi) Murari Lal Sharma son of Shri Dev Swaroop Sharma, resident of Village Harnol, Police Station Surir, District Mathura, Mobile No. 8445349998, Date: 06.04.2022. Writer Signature (read in Hindi) Chandrapal son of Shri Pohap Singh, resident of Police Station Surir, District Mathura, Mobile No. 9897523761. Note: I, Head Constable No. 01318 Sugriv Singh, certify that the copy has been inscribed wordfor-word as per the original written complaint."

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[5] A perusal of the above-mentioned FIR clearly shows that the deceased-Satyapal was working as driver on vehicle/Maruti Dezire Car No. UP85-BM-3290 of respondent No.2-Ram Parkash Sharma son of Har Dayal Sharma; on 05.04.2022, while acting under the instructions / work of the owner of vehicle and in discharge of his

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DINESH KUMAR 2026.07.10 14:24 I attest to the accuracy and integrity of this document

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FAO No. 3582 of 2026 (O&M) -4-

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duties, he was returning to the village from ‘Mat’ while driving the car; when he reached near Harnaul Mod about 4.00 p.m., he was stopped by one Sh. Amit Kumar Sharma son of Sh. Dhanpal Sharma and Krishan Kumar Sharma son of Sh. Niwas Sharma, who came on Motor Cycle bearing Registration No. UP86R-3416. As soon as Satyapal Sharma i.e. son of respondent No. 1-Murari Lal came out of the car to inquire, he was struck down by one Wagon-R Car bearing Registration No.UP85AV-5262, resulting into his death.

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[6] In such circumstances, once it stands established that the deceased was working as driver with respondent No. 2-Ram Parkash Sharma (owner) on his vehicle/Maruti Dezire Car bearing Registration No. UP85BM-3290 and was driving it on the instructions of owner, mere fact that he was struck down by another vehicle while standing outside vehicle during the course of performance of his duties as driver cannot, by any stretch of imagination, lead to the conclusion that the accident did not occur during the course of employment of the deceased. From the contents of FIR, it is clearly discernable that when the accident occurred, the deceased was performing his assigned duties upon the instruction of owner of vehicle.

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[7] In view of the above, the impugned order dated 05.01.2026 passed the learned Commissioner, Employee’s Compensation Act, 1923, Circle-IV, Gurugram (Haryana) being based on proper appreciation of evidence and the pleadings available

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DINESH KUMAR 2026.07.10 14:24 I attest to the accuracy and integrity of this document

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FAO No. 3582 of 2026 (O&M) -5-

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on record, finding no illegality or perversity with the findings of the fact recorded therein, no case for interference is made out and thus, the present appeal being devoid of merits, is hereby dismissed .

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[8] Pending miscellaneous application(s), if any, shall also stand(s) disposed off.

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July ‘dk ka	03, 2026 mra’		( HARKESH MANUJA ) JUDGE
	WhetherSpeaking /Reasoned :	Yes	No
	Whether Reportable :	Yes	No

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DINESH KUMAR 2026.07.10 14:24 I attest to the accuracy and integrity of this document

The New India Assurance Co. Ltd. v. Murari Lal and Ors.

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The New India Assurance Co. Ltd. v. Murari Lal and Ors.

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