Shriram General Insurance Co. ... vs Shakeel And Another
2014 Latest Caselaw 4596 ALL

Citation : 2014 Latest Caselaw 4596 ALL
Judgement Date : 20 August, 2014

Allahabad High Court

Shriram General Insurance Co. ... vs Shakeel And Another on 20 August, 2014

Bench: Rajes Kumar, Om Prakash-Vii




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 1197 of 2014
 

 
Appellant :- Shriram General Insurance Co. Ltd.
 
Respondent :- Shakeel And Another
 
Counsel for Appellant :- Rahul Sahai
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Om Prakash-VII,J.

Certificate of deposit filed today is taken on record.

Office is directed to give regular number to this appeal.

Admit.

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

Learned counsel for the appellant submitted that the appellant is insurer of three wheeler. The claimant claimed himself to be the helper, which is wholly unheard in a three wheeler. The employment has not been established inasmuch as the owner of the vehicle has not filed any written statement. He further submitted that as against the disability certificate, the disability to the extent of 65%, but the Commissioner of Workmen's Compensation has taken the disability to the extent of 100%. He submitted that no issue has been framed under Section 28 of the Workmen's Compensation Act.

The matter requires consideration.

Until further order, the effect and operation of judgment and award dated 13.6.2014 passed by the Commissioner under the Employees' Compensation Act, 1923, Ghaziabad Region Ghaziabad in Case No. E.C.A. 187/2011 (Shakeel vs. Teetu Singh and another) shall remain stayed. The entire amount of compensation has already been deposited. The same may be kept in a fixed deposit scheme in a nationalized bank, yielding maximum interest.

Order Date :- 20.8.2014