Icici Lombard General Insurance ... vs Shakeel Khan And Another
2011 Latest Caselaw 2535 ALL

Citation : 2011 Latest Caselaw 2535 ALL
Judgement Date : 6 July, 2011

Allahabad High Court

Icici Lombard General Insurance ... vs Shakeel Khan And Another on 6 July, 2011

Bench: Yatindra Singh, Yogesh Chandra Gupta




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