Oriental Insurance Co Ltd vs Smt. Munni Devi And Others
2023 Latest Caselaw 6646 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- FIRST APPEAL FROM ORDER No. - 218 of 2005
 

 
Appellant :- Oriental Insurance Co Ltd
 
Respondent :- Smt. Munni Devi And Others
 
Counsel for Appellant :- Viqar Ahmed Ansari,Navaneet Chandra Tripathi
 
Counsel for Respondent :- Harish Pratap Singh
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

1. This appeal at the behest of the Insurance Company challenging the judgment and order dated 30.11.2004 of the Workmen Compensation Commissioner/Assistant Labour Commissioner, Allahabad in Case No. 33/WCA/2003 (hereinafter referred to as 'Commissioner'). The Commissioner awarded a sum of Rs.2,07,980/- for the death of husband of the claimant no.1 who died during the course of employment.

2. The sole ground raised is that the Insurance Company could not have been saddled with the liability. Sri N.K. Srivastava, learned counsel for the appellant has contended that the award is bad in the eye of law. It is stated that as he died out of a murder which occurred on 23.8.2000, it cannot be said that he died due to employment injuries. Unfortunately, this appeal remain pending for a long time. The answer to this question whether a murder can be said to give rise a case under Workmen's Compensation Act, is covered by judgment of the Apex Court in Rita Devi Vs. New India Assurance Company Limited, LAWS(SC)2000 4 99.

3. In view of the above, the appeal is devoid of merits and is dismissed. Interim relief, if any, stands vacated forthwith. The amount deposited with the Commissioner be immediately disbursed to the claimants.

Order Date :- 1.3.2023

Jitendra