NATIONAL INSURANCE COMPANY LIMITED vs OMBEER & ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 10.12.2025 Judgment pronounced on:16.12.2025 + FAO 531/2016 NATIONAL INSURANCE COMPANY LIMITED .....Appellant Through: Mr. Manoj Ranjan Sinha, Advocate with Mr. Vishal Agrawal, Advocate versus OMBEER & ANR .....Respondents Through: Mr. R.K. Nain Chandan Prajapati Advocate with Ms. Arti Sharma, Advocate for Respondent No.1 CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. This appeal under Section 30 of the Employee’s Compensation Act, 1923 (the EC Act) has been filed by respondent no. 2/ Insurance Company in WC/126/NW/12/2751 on the file of the Commissioner, Employee’s Compensation, Signature Not Verified FAO 531/2016 Page 1 of 13 Signed By:KOMAL DHAWAN Signing Date:16.12.2025 12:13:16 Employment Exchange Building, Pusha Complex, New Delhi, aggrieved by the order dated 08.04.2016 by which the claim for compensation filed by the claimant was allowed. 2. In this appeal, the parties herein unless otherwise specified will be referred to as described in the claim petition. 3. In the application for compensation filed under Section 22 of the EC Act, it is alleged thus:- The applicant/claimant Ombeer was employed as a cleaner in vehicle bearing No. DL-1L-E-3887 owned by respondent no. 1. On 08.07.2003, he sustained injuries in an accident which occurred during the course of his employment. The applicant/claimant while working as cleaner in the aforesaid vehicle on 08.07.2003 at about 12:00 noon sustained injuries. On the said day, while he was on the seat of the vehicle bearing No. DL-1L-E-3887 coming from Vijaypura, District Aligarh, U.P. towards Delhi loaded with goods and when the vehicle reached near Bulandsahar, a crane coming from the opposite side being driven in a ras