The New India Assurance Company Limited v. Santosh Kumar and Another

Allahabad HC18 Nov 2024FAFO/1519/2024

Case brief

AI extract

What is this about?

This order admits an appeal filed by an insurance company challenging a workmen compensation award. It identifies two substantial questions of law regarding earning disability calculation and notice requirements. The matter is listed for final hearing in March 2025.

What did the court decide?

Order admitted with substantial questions framed; record summoned; listed for final hearing in March 2025.

The New India Assurance Company Limited vs Santosh… — Service and Employment | Allahabad HC (2024)

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Court No. - 36

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Case :- FIRST APPEAL FROM ORDER No. - 1519 of 2024

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Appellant :- The New India Assurance Company Limited Respondent :- Santosh Kumar And Another Counsel for Appellant :- Mohammad Farooque Ansari Counsel for Respondent :- Satya Deo Ojha

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Hon'ble Kshitij Shailendra,J.

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Heard learned counsel for the appellant.

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The instant appeal has been filed by the insurance company challenging the award passed by the Workmen Compensation Commissioner/ Assistant Labour Commissioner, Azamgarh under the provisions of Employees Compensation Act.

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After hearing the learned counsel for the appellant, certain arguable points appear to be involved in the case.

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The instant appeal is admitted on the following substantial question of law:-

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"(a) Whether disability certificate showing only 45% permanent disability in right leg may result in 100% earning disability as assumed by court below ?

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(b) Whether claim petition is maintainable without proof of mandatory notice as contained in Section 10 of Employees Compensation Act, 1923 ?"

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Sri S.D. Ojha, learned counsel has already appeared for the claimant-respondent no.1 and he submits that the entire amount deposited by the appellant has been disbursed in favour of the claimant

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Issue notice to the respondent no.2. Steps be taken within two weeks by registered speed post.

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Summon the record of Tribunal within two months.

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Requirement of filing formal paper book is dispensed with.

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The appeal shall be heard after perusing the original record. Learned counsel shall be at liberty to refer the relevant documents from original record at the time of hearing.

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The entire amount awarded by the Tribunal has been deposited and concerned certificate has been attached to the memo of appeal.

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List before appropriate Bench for final hearing in March, 2025 .

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Order Date :- 18.11.2024 AKShukla/-

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Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad

The New India Assurance Company Limited v. Santosh Kumar and Another

Case brief

What is this about?

What did the court decide?

The New India Assurance Company Limited v. Santosh Kumar and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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