National Insurance Co. Ltd. Thru. ... vs Laxmina Devi And 5 Others
2013 Latest Caselaw 3582 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1761 of 2013
 

 
Appellant :- National Insurance Co. Ltd. Thru. D.M.Nic
 
Respondent :- Laxmina Devi And 5 Others
 
Counsel for Appellant :- Ashish Kumar Bhattacharya
 

 
Hon'ble Rajes Kumar,J.

Learned counsel for the appellant submitted that the accident took place in the year 2004. The claimants filed claim petition no. 28 of 2006 under the Motor Vehicles Act in which various evidences have also been adduced but the said petition has been dismissed in default. Thereafter in the year 2010, the present claim petition has been filed under the Workmen's Compensation Act which has been registered as case no. 213 of 2011, thus, the claim petition was not maintainable and claimants were not entitled for any compensation. He further submitted that the interest awarded @ 12% from 16.7.2004 from the date of accident is patently illegal inasmuch as the delay in filing the claim petition has been caused by the claimants.

Admit.

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

Until further order, the amount deposited by the appellant shall be kept in a fixed deposit scheme in a Nationalized Bank, yielding maximum interest.

Order Date :- 3.7.2013

OP