HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 40 Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 956 of 2011 Petitioner :- Icici Lombard General Insurance Company Ltd. Respondent :- Shakeel Khan And Another Petitioner Counsel :- Amit Manohar Hon'ble Yatindra Singh,J.
Hon'ble Yogesh Chandra Gupta,J.
Certificate of deposit has been filed. Let it be taken on record.
Admit.
Issue notice on the following substantial question of law:
1. Whether the disability certificate filed by the claimant before the Workmen's Compensation Commissioner was admissible in evidence?
2. Whether the earning capacity of the claimant could be assessed to the extent of 80% when his disability certificate was only of 60%?
The claimants (award holders) would be entitled to lift ½ of the amount deposited in pursuance of the impugned award dated 30.04.2011 passed by Workmen's Compensation Commissioner/Assistant Labour Commissioner, Shahjahanpur in W.C.A. No. 49 of 2007 without any security and remaining ½ of the amount will be kept in a fixed deposit in any nationalised Bank and will be renewed from time to time.
Order Date :- 6.7.2011 NS