United India Insurance Co. Ltd. vs Employee'S Compensation ...
2014 Latest Caselaw 796 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- WRIT - C No. - 20821 of 2014
 

 
Petitioner :- United India Insurance Co. Ltd.
 
Respondent :- Employee'S Compensation Commissioner And 5 Ors.
 
Counsel for Petitioner :- Amaresh Sinha
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Abhinava Upadhya,J.

By means of this writ petition the petitioner has challenged the compensation paid under the Employees Compensation Act in Compensation Case No. 24 of 2011. The petitioner is an Insurance Company. In 2011 within the jurisdiction of Commissioner, Mathura an  accident  took place  and death has occurred. In 2011 the said compensation case was filed  and it finally came to be decided on 25.1.2014.

The main ground for assailing the compensation granted in favour of the claimant is that the Commissioner, Aligarh has no jurisdiction in the matter and in view of Section 21 of the Workman Compensation Act, 1923 notices ought to have been issued to the Commissioner, Mathura under whose jurisdiction accident took place. 

From the written statement  filed by the petitioner only a vague objection has been made  that the Commissioner, who awarded the compensation, has no jurisdiction. The petitioner participated in the proceeding throughout but no such objection was taken. It appears prima facie that the petitioner is adopting dilatory tactics as the first and foremost objection to be  taken by the petitioner ought to have been with regard to jurisdiction. Although in paragraph-9 it has been stated that vaguely the Commissioner, who has decided the claim  has no jurisdiction.

Learned Standing Counsel points out that the petitioner has remedy of filing an appeal against the order under Section 30 of the Employees Compensation Act.

Be that as it may, issue notice to respondents no. 2 to 5 for which the petitioner will take steps within a week.

List the matter after one month. 

Order Date :- 10.4.2014

SKM