Neutral Citation No. - 2025:AHC:62002 Court No. - 48 Case :- FIRST APPEAL FROM ORDER No. - 3360 of 2006 Appellant :- United India Insurance Co. Ltd. Respondent :- Rakesh Devi And Another Counsel for Appellant :- Amaresh Sinha Counsel for Respondent :- V.P. Mishra Hon'ble Vipin Chandra Dixit,J. Heard Sri Anubhav Sinha, Advocate holding brief of Sri Amaresh Sinha, learned counsel for the appellant and Sri Vijay Prakash Mishra, learned counsel for the claimant-respondent no. 1. No one is present on behalf of respondent no. 2. This first appeal from order has been filed on behalf of appellant- Insurance Company under Section 30 of Workmen's Compensation Act against the judgment and award dated 29.9.2006 passed by Commissioner, Employee Compensation, Meerut, in W.C.A. No. 23 of 2005 (Rakesh Devi vs. Raj Kumar Sharma and another), by which compensation of Rs.3,31,730/- has been awarded to the claimant-respondent on account of death of Mange Ram Sharma who sustained grievous injuries on 09.10.2004 in a road accident and during treatment he succumb to his injuries on 15.10.2004. It is submitted by learned counsel for the appellant that the claimants have failed to prove the factum of accident as well as the income of the deceased and authority below had erred in accepting Rs. 3500/- as monthly income of the deceased. On the other hand, learned counsel for claimant-respondents submits that claimants have fully proved the factum of accident as well as involvement of Maruti Car bearing registration no. UP-15 S 5244. It is further submitted that the employment of the deceased as a driver of Maruti Car was fully proved by cogent evidence and there was no evidence adduced by Insurance Company in rebuttal. Considered the submissions of the learned counsel for the parties and perused the record. As per the case of the claimants, the deceased was engaged as a driver on Maruti Car bearing registration No. UP-15 S 5244 and died on account of injuries received in a road accident on 15.10.2004. The owner of Maruti car was appeared before the Employee's Compensation Commissioner and had admitted the employment as well as wages of the deceased. The factum of the accident was also accepted by the owner of insured car. The authority below after considering the entire evidence and material which are available on record has recorded the finding that the deceased was engaged as a driver on insured maruti car and was getting salary of Rs. 3500/-p.m. The finding recorded by the authority below is based on evidence and there is no illegality in any manner. No substantial question of law are involved in the present appeal. The appeal is devoid of merits and is accordingly dismissed. Interim order, if any, stands discharged. Order Date :- 23.4.2025 PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad