Shriram General Insurance Co. ... vs Vijay Kumar And Another
2014 Latest Caselaw 4677 ALL

Citation : 2014 Latest Caselaw 4677 ALL
Judgement Date : 20 August, 2014

Allahabad High Court

Shriram General Insurance Co. ... vs Vijay Kumar 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. - 1198 of 2014
 

 
Appellant :- Shriram General Insurance Co. Ltd.
 
Respondent :- Vijay Kumar 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.

It is stated that the claimant failed to establish the employer and employee relationship inasmuch as the owner of the vehicle has not come forward to file the written statement and to admit his employment. He submitted that as against the claim of 50% disability, the Commissioner of Workmen's Compensation has taken the disability to the extent of 100%. He further submitted that claim petition has been decided without framing the issue as required under Section 28 of the Workmen's Compensation Act.

The matter requires consideration.

The entire amount of compensation has already been deposited. Out of the amount deposited, a sum of Rs. 2,00,000/- shall be released in favor of the claimant and the balance amount shall be kept in a fixed deposit scheme in a nationalized bank, yielding maximum interest.

Order Date :- 20.8.2014