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Bombay High Court

THE NATIONAL INSURANCE COMPANY LTD.versusTIRUPATI POCHAYYA RAGHELA AND ANOTHER

Disposal
DISMISSED

Holding

The appeal does not raise any substantial question of law and is dismissed.

Summary

The National Insurance Company Ltd. appealed against a judgment of the Commissioner for Employees’ Compensation, which had awarded Rs. 1,40,000 to the employee, Tirupati Pochayya Raghela, under the Employees’ Compensation Act, 1923. The insurer contended that the employee had not produced sufficient evidence to prove he was 45 years old at the time of the accident and that his monthly wages were Rs. 4,500. The High Court examined the evidence and found that the employee’s age and salary were stated in his pleadings and were not seriously contested by the employer. The Court held that there was no substantial question of law arising from these factual findings. Consequently, the appeal was dismissed without any order as to costs.

Issues considered

  • Whether the employee satisfactorily proved his age of 45 years at the date of the accident for purposes of compensation under the Employees’ Compensation Act, 1923.
  • Whether the employee adequately established his monthly wage of Rs. 4,500 at the relevant time.

Legislation cited

Subjects

  • Employees’ Compensation
  • Age of employee
  • Wage proof
  • Insurance claim
  • Appellate jurisdiction

Judgment

2026:BHC-AUG:41653


                      IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                 BENCH AT AURANGABAD

                            921 FIRST APPEAL NO. 240 OF 2014

                             The National Insurance Company Ltd.
                                             VERSUS
                            Tirupati Pochayya Raghela And Another
                                                ...
                Advocate for Appellant : Mr. Prateek S. Jadhav h/f Mr. Pagare S. N.
                                                ...

                                 CORAM       : ROHIT W. JOSHI, J.
                                 Dated       : September 09, 2026

           PER COURT :-

           1.     The appellant-insurance company has filed the present appeal

           challenging the judgment and order dated 26th August 2013, passed

           by the learned Commissioner for Employees’ Compensation and Judge,

           Labour Court, Nanded, in ECNFA No. 4 of 2012.


           2.     The learned Tribunal has awarded compensation of Rs. 1,40,000/-

           to respondent No. 1 (employee) towards the claim lodged under the

           Employees’ Compensation Act, 1923.


           3.     The fact of employment and the accident are not in dispute. The

           contention raised in the present appeal is that respondent No. 1 did

           not lead cogent evidence to establish that he was 45 years old as on

           the date of the accident and also did not lead any positive evidence to

           arrive at the conclusion that his monthly wages were Rs. 4,500/- at the

           relevant time.


           4.     As regards the age of respondent No. 1, he has stated that his

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                                                             921 FA 240-2014



age was 45 years at the time of the accident in the pleadings and

also in his examination-in-chief. Perusal of the judgment delivered by

the learned Commissioner for Employees’ Compensation reveals that

this aspect was not seriously disputed during the course of trial of

the claim application.


5.       As regards the contention with respect to income, as stated

above, the fact of employment is not in dispute. The accident

occurred on 13.09.2011. The employer (respondent No. 2) has not

disputed that the salary of the employee (respondent No. 1) was Rs.

4,500/- per month. The statement regarding monthly salary made in

the examination-in-chief was not seriously contested, as can be seen

from the reasons recorded in the impugned judgment. Having regard

to the fact that the accident occurred in the year 2011, Rs. 4,500/-

appears to be a reasonable amount of salary drawn by an employee

working in a shop.


6.       For the reasons recorded above, in the considered opinion of

this Court, the appeal does not give rise to any substantial question

of law. The appeal is, therefore, dismissed, with no order as to costs.




                                               ( ROHIT W. JOSHI, J. )



vj gawade/-.


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