Magma Hdi General Insurance Company Ltd v. Smt. Nirmala Devi & Anr.

Case :- FIRST APPEAL FROM ORDER No. - 996 of 2024 Appellant :- Magma Hdi General Insurance Company Ltd. Respondent :- Smt. Nirmala Devi And Another Counsel for Appellant :- Utkarsh Birla Counsel for Respondent :- Satya Deo Ojha Hon'ble Vipin Chandra Dixit,J. Sri Krishna Kant Yadav, Advocate has put in appearance on behalf of respondent no. 2 by filing his Vakalatnama, which is taken on record. Heard Sri Utkarsh Birla, learned counsel for the appellant, Sri S.D. Ojha, learned counsel appearing on behalf claimant-respondent no. 1, Sri Krishna Kant Yadav, learned counsel for respondent no. 2 and perused the record. This first appeal from order has been filed by appellant under Section 30 of Employees Compensation Act, 1923 against the judgement and award dated 12.03.2024, passed by Commissioner, Employees Compensation / Deputy Labour Commissioner, Azamgarh, in Case No. Azam E.C.A. 110 of 2021 (Smt. Nirmala Devi vs. Vindhyavasini and another) by which compensation of Rs. 16,26,825/- along with 12% interest has been awarded in favour of claimant-respondent and the liability has been fixed upon the appellant Insurance Company. It is submitted by learned counsel for the appellant that it was the case of murder. The first information report was lodged by brother of the deceased in Police Station Vindhyachal, District Mirzapur, under Sections 302, 201 I.P.C., registered as Case Crime No. 0115 of 2021. It is further submitted that the claimant has failed to prove the death during the course and arising out of employment of the deceased. The matter requires consideration. Admit. The respondents are represented by their respective counsel. Summon the record of Commissioner, Employees Compensation on the expenses of appellant. It has been informed by learned counsel appearing on behalf of claimant-respondent that the entire amount which was deposited by appellant Insurance Company before the Commissioner, Employees Compensation had already been released in favour of claimant-respondent. In view of above statement of learned counsel for the claimant- respondent, the stay application filed in this appeal is rejected. List after two months showing the name of Sri Krishna Kant Yadav as counsel for respondent no. 2. Order Date :- 3.7.2024 sailesh