Dismissed
Oriental Insurance Company Ltd. v. Ishlami and Ors.
Punjab & Haryana HCFAO/3615/2011
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from the order text
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COURT OF PUNJAB AND HARYANA AT CHANDIGARH.…
What the court decided
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COURT OF PUNJAB AND HARYANA AT CHANDIGARH.…
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
FAO No.3615 of 2011 (O&M) Date of decision: 22.7.2013
The Oriental Insurance Co. Ltd.
-----Appellant(s)
Vs.
Smt. Ishlami & ors.
-----Respondent(s)
CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG
Present: Mr. Sanjiv Pabbi, Advocate for the appellant.
RAKESH KUMAR GARG, J.
CM No.12925-CII of 2011:
For the reasons mentioned in the application, the
delay of 22 days in refiling this appeal is condoned.
FAO No.3615 of 2011 (O&M):
Vide impugned order dated 20.10.2010, the Commissioner, Mewat held the claimants (respondents No.1 to 7) entitled to compensation of Rs.4,23,580/- and also interest of Rs.1,73,668/- under the Employee’s Compensation Act, 1923.
The instant appeal has been filed on behalf of the
Insurance Company, challenging the impugned order, on the
Kumar Ashwani 2013.07.23 14:55 I attest to the accuracy and integrity of this document High Court Chandigarh
FAO No.3615 of 2011
2
ground that the Insurance Company is not liable to pay the interest, as granted by the impugned order.
However, in view of judgment of the Hon’ble Supreme Court in Oriental Insurance Co. Ltd. v. Siby George and others 2012 ACJ 2126, the plea raised is without any merit and is liable to rejected outrightly.
At this stage, counsel for the appellant could not dispute the ratio of the aforesaid judgment.
Faced with this situation, counsel for the appellant has argued that an application for additional evidence i.e. CM No.12927-CII of 2011 has been filed along with this appeal to show that the deceased was not having a valid driving licence.
It may also be noticed at this stage that issues were framed in this regard and objection was raised by the appellant, however, no evidence was led at that point of time.
In this view of the matter, I find no merit in this application as well as the appeal.
Dismissed.
July 22, 2013 [RAKESH KUMAR GARG] ak JUDGE
Kumar Ashwani 2013.07.23 14:55 I attest to the accuracy and integrity of this document High Court Chandigarh
Colour shows how this judgement treated each authority
Oriental Insurance Co. Ltd. v. Siby George and othersFollowed¶26
Oriental Insurance Co. Ltd. v. Siby George and others, 2012 ACJ 2126
The Oriental Insurance Co. Ltd.
Smt. Ishlami & ors.
Rakesh Kumar Garg
As recorded by the court registry
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