The New India Assurance Company Limited v. Mamta And 2 Others

Case :- FIRST APPEAL FROM ORDER No. - 1130 of 2024 Appellant :- The New India Assurance Company Limited Respondent :- Mamta And 2 Others Counsel for Appellant :- Aijaz Ahmad Khan Hon'ble Vipin Chandra Dixit,J. Sri Mayank, Advocate has put in appearance on behalf of claimant-respondent nos. 1 & 2 by filing his Vakalatnama, which is taken on record. Heard Sri Aijaz Ahmad Khan, learned counsel for the appellant, Sri Mayank, learned counsel appearing on behalf claimant- respondent nos. 1 & 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 30.03.2024, passed by Workmen Compensation Commissioner / Assistant Labour Commissioner, Mathura, in E.C.A. No. 07 of 2023 (Mamta & another vs. The New India Assurance Company Limited and another) by which compensation of Rs. 17,06,175/- along with 12% interest has been awarded in favour of claimants-respondents and the liability has been fixed upon the appellant Insurance Company. It is submitted by learned counsel for the appellant that the factum of accident is seriously doubtful as no first information report was lodged regarding accident. It is further submitted that the G.D. entry was made on 13.05.2023 after about more than two months. Lastly, it is submitted that the claimants has failed to prove the death of the deceased in road accident during the course of his employment. The matter requires consideration. Admit. Sri Mayank, Advocate has already put in appearance on behalf of claimant-respondent nos. 1 & 2. Issue notice to respondent no. 3. Steps be taken within one week by registered post. Summon the record of Workmen Compensation Commissioner on the expenses of appellant. It has been informed by learned counsel appearing on behalf of claimants-respondents that the entire amount which was deposited by appellant Insurance Company before the Workmen Compensation Commissioner had already been released in favour of claimants-respondents. In view of above statement of learned counsel for the claimants- respondents, the stay application filed in this appeal is rejected. List after two months. Order Date :- 3.7.2024 sailesh