(Arun Mishra and Vineet Saran, JJ.)
Fazlu Rahman Ansari ______________________________ Appellant
v.
M/s. National Insurance Company Ltd. & Ors. _________ Respondent(s)
Civil Appeal No(s). 11922/2018 [Arising From SLP (C) No. 13471/2015], decided on December 7, 2018
The Order of the court was delivered by
Order
1. Heard learned counsel for the parties.
2. Leave granted.
3. In our opinion the findings recorded by the High Court as to the relationship of employer and employee has not been established as well as that the accident has not been proved are not sustainable. The High Court has ignored the definition contained in Section 2(1)(e) of the Employee’s Compensation Act, 1923, which would cover the kind of employment by virtue of which the workman was rendering the services, even services through sub-contractors are covered in the definition.
4. With respect to the accident also, we find that the High Court has jumped to the conclusion, without due consideration of the evidence on record. In our opinion, there was no substantial question of law involved in the appeal before the High Court. The High Court has illegaly interfered with the finding of fact based on discussion of evidence recorded by the Commissioner, Employee’s Compensation.
5. In the facts and circumstances, we restore the order passed by the Commissioner, Employee’s Compensation and set aside the impugned order passed by the High Court.
6. The appeal is, accordingly, allowed.
7. Pending applications, if any, shall stand disposed of.
8. There shall be no orders as to costs.
Petition(s) for Special Leave to Appeal (C) No(s). 13471/2015
Fazlu Rahman Ansari ______________________________ Petitioner
v.
M/s. National Insurance Company Ltd. & Ors __________ Respondent(s)
WITH SLP(C) No. 13472/2015 (XIV)
Date : 07-12-2018 These petitions were called on for hearing today.
(Before Arun Mishra and Vineet Saran, JJ.)
For Petitioner(s) Mr. R.K. Nain, Adv.
Mr. Ashish Tilwani, Adv.
Ms. Pratima N. Chauhan, AOR
Mr. Jinendra Jain, AOR
For Respondent(s) Mr. Amit Kumar Singh, AOR
Mrs. K. Enatoli Sema, Adv.
Mr. Amith J., Adv.
Ms. Neerja Sachdeva, Adv.
Ms. Meera Mathur, AOR
UPON hearing the counsel the Court made the following
ORDER
SLP(C) No. 13471/2015
9. Leave granted.
10. The appeal is allowed in terms of the signed order.
SLP(C) No. 13472/2015
11. List on a non-miscellaneous day in the next week.
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