The New India Assurnace Co. Ltd. vs Harpal And Antoher
2013 Latest Caselaw 3424 ALL

Citation : 2013 Latest Caselaw 3424 ALL
Judgement Date : 1 July, 2013

Allahabad High Court

The New India Assurnace Co. Ltd. vs Harpal And Antoher on 1 July, 2013

Bench: Rajes Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1675 of 2013
 

 
Appellant :- The New India Assurnace Co. Ltd.
 
Respondent :- Harpal And Antoher
 
Counsel for Appellant :- V.C. Dixit
 

 
Hon'ble Rajes Kumar,J.

The appellant is the insurer of Tata-407 No. H.R.-38/3146.

The claimant claims himself to be the cleaner of the said vehicle and while putting jack beneath the vehicle he has been dashed by another vehicle on 24.4.2002 causing injuries. The claim petition was filed in the year 2007 after five years of the accident. The compensation has been claimed on the ground that he suffered injuries in the accident during the course of the employment and subjected to disability in respect of which disability certificate dated 12.11.2009 has been filed. The Commissioner, Workmen's Compensation has accepted the disability to the extent of 100% and awarded compensation at Rs.3,98,466/- and further awarded interest after expiry of one month from the date of the accident.

Learned counsel for the appellant submitted that the appellant failed to prove that the alleged injury has been caused in the accident dated 24.4.2002. No document relating to the injury was filed. No FIR was lodged. There is no justification for filing the claim petition after five years. The disability certificate dated 12.11.2009 was also of after seven years which cannot be said to be on account of injury caused in the alleged accident. The entire story is fabricated just to take the compensation. He further submitted that the delay has been caused by the claimant himself and, therefore, there is no justification to allow the interest after the expiry of one month from the date of accident.

There is substance in the argument of learned counsel for the appellant.

Admit.

Issue notice. The appellant may take steps to serve the respondents by registered post.

Until further order, the operation of the impugned order and award dated 10.4.2013 passed by the Employee's Compensation Commissioner and Assistant Labour Commissioner, Ghaziabad Region, Ghaziabad in case No. W.C.A.-111 of 2007 (Sri Harpal Vs. Badley Ram and another) shall remain stayed.

Order Date :- 1.7.2013