... NATIONAL INSURANCE CO. LTD. v. GULAB NABI AND ANR.

The Judgment of the Court was delivered by ,1.... I 1- ' .Dr. ARIJIT PASAYAT, J. 1. Leave granted. · 2. ·Challenge in this appeal is to the order passed by a Division Bench of the Allahabad High Court dismissingthe-ap- G peal filed by the appellant summarily. ' . L.

3Copy pinpoint3. The appeal was filed under Section ~O of the Workmen's Compens~tion Ac't, 1928 (in short the 'Act'). The primcirY stand taken by the appellant was that the claimant had not established the employer employee relationship so far as the insur~d de- H

. - NATIONAL INSURANCE CO. LTD. v. GULAB NABI 317

.. & ANR. [DR. ARIJIT PASAYAT, J.]

ceased is concerned. It was also pointed out that there is no A evidence to show that the deceased had sustained injuries un- der the employment and in the course of employmen! of the deceased insured.

4Copy pinpoint4. A Claim Petition was filed under Section 4 of the Act against owner of the offending vehicle and the appellant-Na- B •-' tional Insurance Co. The Commissioner directed payment of' Rs.2,68,800/-to respondent No.1 along with interest@12%. In terms of Section 20 of the Act, the appellant-National Insurance Company was directed for payment to respondent No.1. The award made by the Commissioner was questioned before the c High Court in an appeal which came to be dismissed summarily, in the following manner: "Heard learned counsel for the appellant and learned Standing Counsel for the State. D The appeal has got no force. w- -4., The appeal is dismissed."

5Copy pinpoint5. Learned counsel for the appellant submitted that it was not a case where no substantial question of law is involved. In fact, the acceptability of the evidence in view of various con- E cessions made by the claimant has been completely lost sight by the High Court.

6Copy pinpoint6. There is no appearance on behalf of respondents. As rightly contended by learned counsel for the appellant, the ques- tion whether the Insurance Company has a liability arid, if so, F j what is the quantum was under consideration by the High Court. There is no suitable evidence so far as income of the deceased is concerned.

7Copy pinpoint7. Non-application of mind is clear from the fact that since G the State was not a party, the question of hearing the learned Standing Counsel for the State does not arise. The order there- ........ fore has been passed without any application of mind. The or- der is also non-reasoned.

8Copy pinpoint8. Reasons introduce clarity in an order. On plainest con- H

p. 318 Copy page pinpoint

. ' ;;... A sideration of justice, the High Court ought to have set forth its reasons, howsoever brief, in its order indicative of an applica- tion of its mind, all the more when its order is amenable to fur- ther avenue of challenge.

9Copy pinpoint9. Even in respect of administrative orders Lord Denning, B M.R. in Breen v. Amalgamated Engg. Union (1971. (1) All ER \.-· 1148) observed: (All ER p.1154h) The giving of reasons is one of the fundamentals of good administration.' In Alexander Ma- chinery (Dudley) Ltd. v. Crabtree (1974 ICR 120 (NIRC) it was observed: 'Failure to give reasons amounts to denial of justice. c Reasons are live links between the mind of the decision-taker to the controversy in question and the decision or conclusion ar- rived at.' Reasons substitute subjectivity by objectivity. The em- phasis on recording reasons is that if the decision reveals the 'inscrutable face of the sphinx', it can, by its silence, render it virtually impossible for the courts to perform their appellate func- D tion or exercise the power of judicial review in adjudging the va- lidity of the decision. Right to reason is an indispensable part of !-·' -¥ ,,.... a sound judicial system, reasons at least sufficient to indicate an application of mind to the matter before court. Another rationale is that the affected party can know why the decision has gone against him. One of the salutary requirements of natural justice is spelling out reasons for the order made, in other words, a speak- ing-out. The 'inscrutable face of the sphinx' is ordin~r:!y incongru- ous with a judicial or quasi-judicial performance.

10Copy pinpoint10. The manner in which the appeal has been dismissed is not the proper course while dealing with the appeal when it rc;iised substantial question of law.

11Copy pinpoint11. Above being the position, we set aside the order of the High Court. The matter is remitted to it for fresh consideration in accordance with law. The parties are directed to place fresh evi- ,... G dence and materials before the High Court for the purpose of /

adjudication for disposing of First Appeal No. 836 of 2006.

12Copy pinpoint12. The appeal is allowed but in the circumstances with- __._ .... out any order as to costs. H N.J. Appeal allowed.