RAM VIJAY RAUT vs TARA CHAND & ANR

Judgment text excerpt

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 13th May, 2025 + FAO 82/2019 & CM APPL. 9373/2019 RAM VIJAY RAUT .....Appellant Through: Mr. Prashant Kumar Sisodia & Mr. Shyam Singh Sisodia, Advs. versus TARA CHAND & ANR .....Respondents Through: Ms. Rakhi Dubey, Mr. Sandeep Dubey & Ms. Arpita Srivastava, Advs. for R-2. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA ORDER % 13.05.2025 DHARMESH SHARMA, J. (ORAL) 1. The appellant/plaintiff has preferred this appeal under Section 30 of the Employee’s Compensation Act, 1923 (‘EC Act’) challenging the impugned judgment cum award dated 03.08.2018 whereby the learned Commissioner, Employee’s Compensation, North District, has dismissed the claim petition no.WC/26/ND/17 titled as Sh. Ram Vijay Raut v. Sh. Tara Chand & Anr. whereby the appellant/claimant sought compensation for suffering injuries during the course of his employment with the respondent no.1. 2. Having heard the learned counsel for the appellant and respondent no.2/insurance company and on perusal of the record, this Court has no hesitation in holding that the impugned judgment cum award dated 03.08.2018 cannot be sustained in law. Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS FAO 82/2019 Page 1 of 8 Signing Date:15.05.2025 20:35:13 3. Briefly stated, it was the case of the claimant that he was employed with the respondent no.1 as driver on vehicle bearing no.DL-1GB-7424 and drawing wages at the rate of rate of ₹12,000/- per month. He claimed that on 16.05.2014, he was on duty and was driving the truck from Meerut to Delhi and at about 4.00 a.m. when he reached Mohan Nagar Signal, the driver of the another vehicle which was going in front suddenly applied brakes without giving any signal and as a result of which the aforesaid vehicle ram