Disposed

Lakhbir Singh v. Commissioner Employees and Ors.

Punjab & Haryana HC9 May 2013CR/2008/2013

Case brief

AI extract

What is this about?

In this civil revision, the High Court directed the Commissioner Employees Compensation, Amritsar to expedite recovery proceedings for a penalty amount due to the petitioner, an injured bus driver, ensuring payment was completed within two months.

What did the court decide?

Direction to the Commissioner to expedite recovery proceedings for the penalty amount and pay the petitioner within two months.

Lakhbir Singh Vs Commissioner… — Pension and Retirement Benefits | Punjab & Haryana HC (2013)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Revision 2008 of 2013 Date of Decision : May 09, 2013

Lakhbir Singh

.....Petitioner

VERSUS

Commissioner Employees Compensation, Amritsar and others

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.....Respondents

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CORAM: HON'BLE MR. JUSTICE T.P.S.MANN

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Present : Petitioner in person with Mr. Sarabjit Singh, Advocate.

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Mr. S.S.Chaudhary, Deputy Advocate General, Punjab for respondent No.1.

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Mr. Kushagra Mahajan, Advocate for respondent No.2.

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Mr. Nitin Mittal, Advocate for Mr. Subhash Goyal, Advocate for respondent No.3.

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T.P.S. MANN, J. (Oral)

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Prayer made in the present revision filed by the employee is for directing the Commissioner Employees Compensation, Amritsar-I to decide the execution application filed by him expeditiously and to release the compensation amount.

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For the injuries received by him in an accident when he was serving as Bus Conductor under respondent No.2, the

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-2-

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CR 2008 of 2013

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petitioner filed an application claiming compensation. The said application was disposed of by the Commissioner on 18.5.2012 by directing respondent No.3-Insurance Company to pay a sum of Rs.1,91,760/- as compensation alongwith interest @ 12% per annum starting one month after the date of accident within a period of 60 days failing which interest was to be paid @ 18% per annum. Respondent No.2, who is owner and driver of the bus in question was also directed to pay 50% of the compensation amount, i.e. Rs. 95,880/- as penalty within the specified period.

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It is not in dispute that respondent No.3-Insurance Company has already deposited a sum of Rs. 2,92,379/- as compensation amount and the interest thereon which has been released in favour of the petitioner on 6.12.2012. As regards the recovery of the penalty amount from respondent No.2, it has been stated in the affidavit submitted by the Commissioner that the said respondent had filed an application on 27.8.2012 for waiving the penalty which application was rejected/dismissed. The proceedings for the recovery of the penalty amount are still pending and necessary action and steps are being taken in that regard. The next date fixed for recovery of the penalty amount was 17.4.2013 and as informed by learned State counsel, those proceedings now stand adjourned to 22.5.2013.

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Counsel for respondent No.2, on instructions, has

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CR 2008 of 2013

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informed the Court that his client has, once again, filed an application before the Commissioner for waiving the penalty amount.

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Be that as it may, it would be appropriate to direct the Commissioner to expedite the recovery proceedings qua the penalty amount and ensure that it is paid to the petitioner at the earliest.

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Resultantly, the petition is disposed of with a direction to the Commissioner Employees Compensation to expedite the recovery proceedings by taking steps in accordance with law so that the petitioner is able to collect the penalty amount alongwith the interest due thereupon. It would be appreciated if the proceedings are completed within a period of two months from the date of receipt of a certified copy of the order.

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May 09, 2013 ajay-1

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( T.P.S. MANN ) JUDGE

Lakhbir Singh v. Commissioner Employees and Ors.

Case brief

What is this about?

What did the court decide?

Lakhbir Singh v. Commissioner Employees and Ors.

Case brief

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