M/S Tata Aig General Insurance Company Ltd. v. Uttam Kumar Soni Alias Uttam Soni and Another

Allahabad HC25 Nov 2024FAFO/1847/2024

Case brief

AI extract

What is this about?

The High Court admitted an appeal by an insurance company challenging a Workmen Compensation Commissioner's award. The court framed substantial questions regarding the failure to exercise powers under specific rules and the fixation of 100% loss of earning capacity without medical evidence. The appeal was listed for final hearing.

What the court decided

AI extract

M/S Tata Aig General Insurance Company Ltd… — Labour and Industrial Disputes | Allahabad HC (2024)

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Court No. - 36

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Case :- FIRST APPEAL FROM ORDER No. - 1847 of 2024

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Appellant :- M/S Tata Aig General Insurance Company Ltd Respondent :- Uttam Kumar Soni Alias Uttam Soni And Another Counsel for Appellant :- Bhanu Bhushan Jauhari Counsel for Respondent :- Amrendra Nath Rai,Sanjay Singh

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Hon'ble Kshitij Shailendra,J.

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Heard Sri Vaibhav Singh, holding brief of Sri Bhanu Bhushan Jauhari, learned counsel for the appellant and Sri Sanjay Singh, learned counsel for the respondent no.1.

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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, Shahjahanpur under the provisions of Employees Compensation Act.

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It is contended that arising out same cause of action, another claim petition was filed and challenging the award passed therein, the appellant has filed F.A.F.O. No.1090 of 2022, which has been admitted and an interim order was passed on 04.05.2022.

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Learned counsel for the claimant-respondent no.1 submits that the amount deposited by the appellant has already been released in favour of the claimant-respondent as initially the appeal was filed as a defective one.

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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 due to improper enquiry and non-exercise of powers by the learned Employees Compensation Commissioner as provided under Rule 37 Workmen Compensation Rules, 1924 and Order XVI Rule 14 CPC read with Rule 41 of Workmen Compensation Rules, 1924, the claim petition has been wrongly allowed by the learned Employees Compensation Commissioner which has resulted in failure of justice ?

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(b) Whether in the facts of the case without examination of the medical practitioner the learned Employees Compensation Commissioner has wrongly fixed the loss of

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earning capacity as hundred percent and has wrongly calculated the compensation by treating the loss of earning capacity as 100% ?"

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7. Connect with F.A.F.O. No.1090 of 2022 .

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Issue notice to the opposite party(ies). Steps be taken within two weeks by registered speed post.

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Summon the photo-stat copy of the record of Tribunal 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 record. Learned counsel shall be at liberty to refer the relevant documents from record at the time of hearing.

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List before appropriate Bench for final hearing in April, 2025 along with connected F.A.F.O. No.1090 of 2022 .

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Order Date :- 25.11.2024 AKShukla/-

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

M/S Tata Aig General Insurance Company Ltd. v. Uttam Kumar Soni Alias Uttam Soni and Another

Case brief

What is this about?

What the court decided

M/S Tata Aig General Insurance Company Ltd. v. Uttam Kumar Soni Alias Uttam Soni and Another

Case brief

What is this about?

What the court decided

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