M/S NEW INDIA ASSURANCE CO LTD vs MOHAMMAD ARIF & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 01 April 2025 Judgment pronounced on: 03 April 2025 + FAO 158/2021, CM APPL. 20234/2021 and CM APPL. 20235/2021 M/S NEW INDIA ASSURANCE CO LTD .....Appellant Through: Ms. Veera Mathai and Mr. Gaurav Nair, Adv. versus MOHAMMAD ARIF & ANR. .....Respondents Through: Mr. R.K. Nain, Ms. Pratima N. Lakra and Mr. Chandan Prajapati, Advs. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA JUDGMENT 1. The appellant/insurance company has preferred the present appeal under Section 30 of the Employee’s Compensation Act, 19231, assailing the impugned judgment dated 26.04.2021 passed by the Commissioner, Employee’s Compensation Act, 1923, whereby the claim filed by the respondent No.1/injured employee under Section 22 of the E.C. Act has been allowed and he has been granted total compensation of Rs. 5,16,672/- payable alongwith interest @ 12% p.a. with effect from 29.07.2015 till realization, besides penalty in terms of Section 4A(3)(b) of the E.C. Act amounting to Rs. 2,58,336/-. 1 E.C. Act Signature Not Verified FAO 158/2021 Digitally Signed By:PRAMOD Page 1 of 12 KUMAR VATS Signing Date:04.04.2025 15:04:40 2. The grievance of the appellant/insurance company is that the liability to pay compensation including penalty has been fastened upon it contrary to the law. FACTUAL BACKGROUND: 3. Briefly stated, it was proven during the course of enquiry before learned Commissioner, Employee’s Compensation that respondent No.1/injured was employed as a driver by respondent No.2/registered owner and on the fateful day i.e. 29.06.2015 he was driving a truck bearing No. HR-55P-6453 (12 tyre) when at about 02:00 AM, it met with an accident about 2-3 Kms from Pana Garh falling in the District Paschim Bardhaman, State of West Bengal. Respond