Allowed

The Oriental Insurance Co. Ltd. v. Balwinder Singh (Since Deceased) Thr Lr & Anr.

Delhi HC11 Aug 2017FAO/377/2016

Case brief

AI extract

What is this about?

The Single Judge upheld the Commissioner's award but remanded the insuring company's recovery claim against the employer pending verification of a driving license. The Court directed specific channels for disbursement of the deposited amount.

What did the court decide?

Appeal partly allowed; compensation upheld; recovery claim remanded for license verification; funds to be disbursed via FDRs and savings account.

The Oriental Insurance Co. Ltd. Vs Balwinder Singh (Since… — Banking and Recovery | Delhi HC (2017)

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$~16

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 11^th August, 2017

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FAO 377/2016 THE ORIENTAL INSURANCE CO. LTD. ..... Appellant Through: Mr.S.P. Jain, Mr. Himanshu, Advocates

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versus

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BALWINDER SINGH (SINCE DECEASED) THROUGH LR & ANR. ..... Respondent Through: Mr. Pratima N. Chauhan, Advocate for respondent no.1 along with Mrs.Sukhvinder Kaur, respondent no.1 in person

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CORAM: HON'BLE MR. JUSTICE J.R. MIDHA

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JUDGMENT (ORAL)

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The appellant has challenged the order dated 17^th March, 2016 passed by the Commissioner, Employees’ Compensation whereby compensation of Rs.4,72,944/- has been awarded to respondent No. 1.

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On 29^th March, 2005, Balwinder Singh was driving truck No. HR 38 J 8972 during the course of his employment with respondent No. 2 and he met with an accident which resulted in grievous injuries and permanent disability relating to left leg. Balwinder Singh succumbed to his injuries on 15^th November, 2010.

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FAO 377/2016 Page 1 of 4

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The Commissioner, Employees’ Compensation held the deceased to be an employee of respondent no. 2 and the accident to have occurred during the course of his employment with respondent no.2. The Commissioner, Employees’ Compensation awarded compensation of Rs.4,72,944/- to respondent no. 1.

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Learned counsel for the appellant urged at the time of hearing that the deceased was not holding a driving license at the time of the accident and therefore, the appellant is entitled to recovery against respondent no.2.

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Learned counsel for responded no. 1 has shown original driving licence No.WB-25-075475 dated 31^st July, 1994 valid upto 29^th August, 2012 issued by Licencing Authority, West Bengal and has provided a copy thereof to counsel for the appellant. 6. The compensation of Rs.4,72,944/- awarded by the Commissioner, Employees’ Compensation to respondent no.1 is upheld. However, the issue with respect to the appellant’s claim for recovery rights against respondent No. 2 is remanded back to the Commissioner, Employees’ Compensation. The appellant shall in the meantime get the driving licence furnished by counsel for respondent No.1 verified from the Licencing Authority. The appeal is disposed of in the above terms.

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The appellant has deposited Rs.11,11,845/- with the Commissioner, Employees’ Compensation on 1^st August, 2016. Vide order dated 22^nd February, 2017, the Commissioner, Employees’ Compensation was directed to transfer the said amount to UCO Bank, Delhi High Court Branch. 8. Respondent no. 1 is present in Court and has produced her original passbook of account No.3482000104194510 with Punjab National Bank, Dorangla (Distt. Gurdaspur), Punjab, IFSC : PUNB0348200.

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FAO 377/2016 Page 2 of 4

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Upon receipt of the aforesaid amount from Commissioner, Employees’ Compensation, UCO Bank Delhi High Court is directed to disburse the amount in the following manner:

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(i) Keep Rs.10 lakh in 100 FDRs of Rs.10,000/- each for the period 1 month to 100 months respectively in the name of respondent no.1, Sukhwinder Kaur @ Sukhvinder Kaur with cumulative interest

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(ii) The balance amount after keeping Rs.10 lakh in FDRs be released to respondent no.1 by transferring the same to her aforesaid savings bank account with Punjab National Bank, Dorangla (Distt. Gurdaspur), Punjab.

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The maturity amount of the FDRs along with interest shall be transferred to the aforesaid savings bank account of the respondent no.1. 11. All the original FDRs shall be retained by UCO Bank, Delhi High Court Branch. However, the statement containing FDR number, FDR amount, date of maturity and the maturity amount be furnished to the respondent no.1.

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No loan or advance or pre-mature discharge shall be permitted without the permission of this Court.

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No cheque book or debit card be issued to respondent no.1 without the permission of this Court. However, in case, the debit card/cheque book have already been issued, Punjab National Bank, Dorangla (Distt. Gurdaspur), Punjab shall cancel the debit card and/or cheque book.

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The appellant shall appear before the Commissioner, Employees’ Compensation on 16^th October, 2017.

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It is clarified that if the driving license furnished by respondent no.1 to the appellant in Court is found to be genuine, the appellant shall not press the claim for recovery rights and place the verification report before the

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FAO 377/2016 Page 3 of 4

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Commissioner, Employees’ Compensation.

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Copy of this judgment be given dasti to counsel for the parties under the signature of the Court Master.

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Copy of this judgment be sent to UCO Bank, Delhi High Court Branch and Punjab National Bank, Dorangla (Distt. Gurdaspur), Punjab.

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AUGUST 11, 2017 dk

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J.R. MIDHA, J.

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Page 4 of 4

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FAO 377/2016

The Oriental Insurance Co. Ltd. v. Balwinder Singh (Since Deceased) Thr Lr & Anr.

Case brief

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The Oriental Insurance Co. Ltd. v. Balwinder Singh (Since Deceased) Thr Lr & Anr.

Case brief

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