1 CGHC010110892020 2026:CGHC:37938 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 818 of 2020 The Oriental Insurance Co. Ltd. Through The Divisional Manager, Madina Manjil Jail Road Kachahri Raipur District Raipur Chhattisgarh (Insurance Company) ... Appellant/ Non-Applicant No.3/Insurance Company versus 1 - Udayram S/o Late Ajuram Yadav Aged About 36 Years R/o Satnam Sakshi Dal Mil Gram Khokhali Tahsil Bhatapara District Baloda Bazar Bhatapara Chhattisgarh. (Claimant) 2 - Vinay Thakur S/o Dr. Vasudev Kumar Thakur Aged About 36 Years R/o Satnam Sakshi Dal Mil Gram Khokhali Tahsil Bhatapara District Baloda Bazar Bhatapara Chhattisgarh. (Insured/ Mill Owner), 3 - Vishal Thakur S/o Dr. Vasudev Kumar Thakur Aged About 32 Years R/o Satnam Sakshi Dal Mil Gram Khokhali Tahsil Bhatapara District Baloda Bazar Bhatapara Chhattisgarh. (Insured /mill Owner) ... Respondents 2 For Appellant : Mr. NK Malviya, Advocate. For Respondent No.1 : None though served. For Respondent No.2 & 3: Ms. Shivangi Agrawal, Advocate. Hon’ble Shri Justice Naresh Kumar Chandravanshi, J Judgment on Board (24th August, 2026) This appeal has been preferred under Section 30 of the Employee’s Compensation Act, 1923 challenging the judgment dated 21.1.2020 passed by Commissioner-cum-Labour Court, Balodabazar, Distt. Balodabazar-Bhatapara in Case No.18/EC Act/2016/Fatal whereby a compensation of Rs.4,48,554/- along with interest @ 10% p.a. has been awarded in favour of respondent No.1/claimant. This appeal has been admitted for hearing on the following substantial questions of law: “1. Whether getting work from deceased-employee by respondents No. 2 & 3/employer in night time, when she died, was against the terms of Insurance Policy issued by the Appellant/Insurance Company in favour of respondents No. 2 & 3? 2. Whether Commissioner, Employees’ Compensation-cum- Labour Court has wrongly fastened the liability upon the appellant/Insurance Company to pay compensation alongwith interest?” 3 02. Learned counsel for the appellant would submit that the deceased died on 27.11.2015 at about 1.30 am allegedly during the course of employment as she came under the Daal Tank during night shift whereas under the insurance policy (Ex.NA-1), getting service in two shifts from the employees/insured was not permissible. Despite that, the liability has been fastened upon the appellant/insurance company by the learned Commissioner-cum-Labour by the impugned judgment. Hence he prays that the appeal may be allowed and the appellant/insurance company be exonerated from payment of compensation. 03. In reply, learned counsel appearing for respondents No. 2 & 3 would submit that vide insurance policy (Ex.NA-1), risk of the employee i.e. the deceased was covered by the insurance company and there was no condition in the insurance policy that risk of employees working only at a particular period of time would be covered. She further submits that there is no perversity or illegality in the impugned judgment passed by the learned Commissioner-cum-Labour Court fastening liability upon the appellant/insurance company. Therefore, the instant appeal deserves to be dismissed. 04. Heard learned counsel for the parties and perused the material available on record. 05. Undisputedly, the deceased died in the night intervening 26th and 27th November, 2015 at about 1.30 am, that too during the course of 4 her employment as she came under the tank of Daal (pulse). Vide insurance policy (Ex.NA-1), risk of all the employees of said Daal Mill of respondent No.1 was covered, which has also been admitted by Rajeshwar Dahariya (NAW-3), Administrative Officer of the appellant/insurance company. Though he has stated in his deposition that risk of employee working in two shifts in the said Daal Mill was not covered but he could not point out any such condition contemplated in the insurance policy (Ex.NA-1) and accepted by both the insured and insurer that this policy covers the risk of only those employees working at a particular period of time or shift. When a specific question was posed to learned counsel for the appellant/insurance company whether any such condition was there in the insurance policy, he also failed to point out such condition in the insurance policy. Therefore, only on account of timing of death of the deceased employee i.e. at about 1.30 am, the insurance company cannot be exonerated of its liability to make payment of compensation to the claimant. 06. Learned counsel for the appellant completely failed to establish any ground for allowing this appeal or entitling the insurance company to be exonerated of its liability of paying compensation. Therefore, both the substantial questions of law framed by this Court are answered in the negative i.e. against the appellant/insurance company and in favour of the respondents. 5 07. For the reasons stated above, the instant appeal fails and is, accordingly, dismissed. The impugned judgment dated 21.1.2020 passed by learned Commissioner-cum-Labour Court, Balodabazar, is hereby affirmed. Sd/ (Naresh Kumar Chandravanshi) Judge Khan MOHD AKHTAR KHAN Digitally signed by MOHD AKHTAR KHAN Date: 2026.08.25 12:02:51 +0530