Disposed

Tata Aig General Insurance Company Ltd. v. Israr Khan and Another

Allahabad HC27 Nov 2024FAFO/2491/2024

Case brief

AI extract

What is this about?

Insurance company appealed against a workmen compensation award, raising questions on territorial jurisdiction under Section 21(1) and assessment of loss of earning capacity for a non-scheduled injury. Appeal admitted; operation of award stayed with partial release of deposited amount to claimants.

What did the court decide?

Award's effect and operation stayed until further orders; Tribunal to release 50% of deposited amount to claimants without security; remaining amount invested in nationalized bank.

Tata Aig General Insurance Company Ltd. vs Israr… — Motor Accident Claims | Allahabad HC (2024)

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Court No. - 36

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Case :- FIRST APPEAL FROM ORDER No. - 2491 of 2024

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Appellant :- Tata Aig General Insurance Company Ltd Respondent :- Israr Khan And Another Counsel for Appellant :- Pawan Kumar Singh 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 and Sri S.D. Ojha, learned counsel for the claimant-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/ Deputy 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 a Commissioner, seized of a claim in relation to an accident that has taken place in an area other than one over which he has jurisdiction, is entitled to try and determine the claim, without issuing notice to the Commissioner having jurisdiction and the State Government concerned in terms of the proviso to Section 21(1) of the Employees Compensation Act, 1923 ?

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(b) Whether the learned Commissioner was legally correct in accepting 100% loss of earning capacity, in the case of an injury not specified in Schedule I of the Act, a 'non'scheduled injury', in view of the provisions contained in Explanation II to Section 4(1)(c)(ii) of the Act and the disability certificate indicating 45% physical disability assessed by the Medical Board?"

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Connect with F.A.F.O. No.2493 of 2024 .

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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 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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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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Until further orders of this Court, the effect and operation of the award dated 27.08.2024 passed by Workmen Compensation Commissioner/ Deputy Labour Commissioner, Azamgarh in Case No. E.C.A. 99 of 2020 (Israr Khan Vs. Tata A.I.G. Genera Insurance Co. Ltd. and another) shall remain stayed .

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The Tribunal shall release 50% of the amount already deposited by the appellant in favour of the claimants immediately on filing of an application by them, without asking for any security/surety. Share of minor claimant(s) (if any), shall be invested in fixed deposit scheme till he/she/they would attain majority.

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The remaining amount shall be invested by the Tribunal in any nationalized bank in the highest interest bearing security.

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Release of the remaining amount shall be subject to further orders that may be passed by this Court in the instant appeal.

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List before appropriate Bench for final hearing in April, 2025 along with connected matter .

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Order Date :- 5.12.2024 AKShukla/-

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

Tata Aig General Insurance Company Ltd. v. Israr Khan and Another

Case brief

What is this about?

What did the court decide?

Tata Aig General Insurance Company Ltd. v. Israr Khan and Another

Case brief

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What did the court decide?

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