Allahabad High Court
Icici Lombard General Insurance ... vs Smt. Rashmi Saini And Others on 13 July, 2011
Bench: Satya Poot Mehrotra, Yogesh Chandra Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 40
Case :- FIRST APPEAL FROM ORDER No. - 2379 of 2011
Petitioner :- Icici Lombard General Insurance Co. Ltd.
Respondent :- Smt. Rashmi Saini And Others
Petitioner Counsel :- Amit Manohar
Respondent Counsel :- Sumati Rani Gupta
Hon'ble Satya Poot Mehrotra,J.
Hon'ble Yogesh Chandra Gupta,J.
Order on Appeal
It is submitted by Shri Amit Manohar, learned counsel for the appellant, that the deceased was bringing back the vehicle after dropping the family members of respondent No.5 (owner of the vehicle in question). He further submits that the deceased was an employee of the Institution, and not of the respondent No.5. Therefore, the accident could not be said to have arisen out of and in the course of the employment of the deceased as per the requirement of Section 3 of the Workmen's Compensation Act, 1923.
Having considered the submissions made by Shri Amit Manohar, learned counsel for the appellant, we are prima-facie satisfied that the following Substantial Question of Law is involved in the present Appeal:
Whether on the facts and circumstances of the case and keeping in view the Provisions contained in Section 3 of the Workmen's Compensation Act, the accident could be said to have arisen out of and in the course of employment so as to entitle the claimant-respondent Nos. 1 to 4 to get the compensation?
Admit.
Issue notice.
Notice on behalf of the claimant-respondent Nos. 1 to 4 has been accepted by Miss Sumati Rani Gupta, who has filed caveat on behalf of the said respondents. Notice will be issued to the remaining respondent by Registered Post A.D. fixing the next date fixed in the matter.
Order on Stay Application
Issue notice.
Notice on behalf of the claimant-respondent Nos. 1 to 4 has been accepted by Miss Sumati Rani Gupta, who has filed caveat on behalf of the said respondents. Notice will be issued to the remaining respondent by Registered Post A.D. fixing the next date fixed in the matter.
Requisite steps will be taken within three weeks.
Heard on the question of grant of interim relief.
The amount awarded under the impugned Judgment and Order dated 20.05.2011 has already been deposited by the appellant as is evident from the Certificate filed with the Memorandum of Appeal.
Having regard to the facts and circumstances of the case and having considered the submissions made by Shri Amit Manohar, learned counsel for the appellant, and Miss Sumati Rani Gupta, learned counsel for claimant-respondent Nos. 1 to 4, it is directed that the operation of the impugned Judgment and Order dated 20.05.2011 will remain stayed until further orders of the Court subject to the following terms and conditions:
(1) 50% of the amount deposited, as mentioned above, will be paid jointly to the claimant-respondent Nos.1 to 4 without furnishing any security.
(2) Balance 50% of the amount of the deposit, as mentioned above, will be invested in maximum interest bearing Fixed Deposit in a Nationalized Bank, renewable from time to time, in the joint names of the claimant-respondent nos.1 to 4.
The amount invested in Fixed Deposit as per the directions given above, will not be permitted to be withdrawn by the claimant-respondent no.1 to 4 without leave of this Court. However, 50% of the periodical interest accruing on such Fixed Deposit will be permitted to be withdrawn jointly by the claimant-respondent nos.1 to 4, as and when the same accrues. Balance 50% of the periodical interest accruing on such Fixed Deposit, will continue to be reinvested in such Fixed Deposit.
Counter Affidavit and Rejoinder Affidavit may be exchanged between the parties by the next date fixed in the matter.
List this case on 10th October, 2011.
Order Date :- 13.7.2011
NS
