The New India Assurance Co. Ltd. vs Anil Kumar And Another
2013 Latest Caselaw 2591 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1438 of 2013
 

 
Appellant :- The New India Assurance Co. Ltd.
 
Respondent :- Anil Kumar And Another
 
Counsel for Appellant :- V.C. Dixit
 

 
Hon'ble Rajes Kumar,J.

Learned counsel for the appellant states that the claimant claims himself to be the cleaner of the vehicle, bearing registration no. U.P. 78 B.T. 2434, which was insured by the appellant. He claimed that the said vehicle met with an accident on 20.5.2010 in which both hands were crushed. He was admitted in Rambo Medical Centre Vishnupuri where his hands have been amputated, but this plea of the claimant was absolutely wrong inasmuch as Rambo Medical Centre Vishnupuri in its certificate dated 7.12.2011 has categorically denied any admission and treatment of the claimant and further ration card, which was issued on 25.5.2007 wherein the photograph of the claimant is affixed, reveals that his both hands are amputated. This shows that his both hands have already been amputated prior to the date of the accident and the entire claim petition based on false plea to get the compensation.

The matter requires consideration.

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 30.3.2013 passed by the Employee's Compensation Commissioner and Assistant Labour Commissioner, Kanpur Region, Kanpur in W.C. Case No. 219 of 2010 (Anil Kumar Vs. Sri Ashish Shukla and another) shall remain stayed provided the appellant deposits the entire amount of compensation within a period of six weeks. The entire amount deposited by the appellant shall be kept in Fixed Deposit Scheme in a Nationalized Bank, yielding maximum interest.

Order Date :- 22.5.2013

OP