The New India Assurance Co. Ltd. vs Pankaj Kumar Sharma And Another
2014 Latest Caselaw 3226 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1861 of 2014
 

 
Appellant :- The New India Assurance Co. Ltd.
 
Respondent :- Pankaj Kumar Sharma And Another
 
Counsel for Appellant :- Saral Srivastava
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Om Prakash-VII,J.

Supplementary affidavit filed today is taken on record.

Learned counsel for the appellant submitted that the Tribunal has accepted disability to the extent of 55% and awarded compensation accordingly on the basis of disability certificate issued by the Chief Medical Officer, Haridwar. He submitted that the accident took place at Aligarh and the claimant has been treated at NOIDA. Therefore, disability certificate ought to have been taken from the Doctor, who has treated the claimant. He further submitted that disability certificate, which is Annexure-1 to the supplementary affidavit, reveals that Doctor has not expressed any opinion about the permanent disability. It has only stated 55% disability. It is not stated that what is the nature of the injury and how the disability 55% has been assessed.

Admit.

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

Entire amount has already been deposited. Out of the amount deposited, 50% shall be released in favour of the claimant and 50% of the amount shall be kept in a fixed deposit scheme in a nationalized bank, yielding maximum interest. Any amount already deposited shall be given adjustment.

Office is directed to remit back the statutory amount to the concerned Tribunal within four weeks.

Order Date :- 16.7.2014

OP