Kulbhushan vs Birbal And Another
2023 Latest Caselaw 7711 ALL

Citation : 2023 Latest Caselaw 7711 ALL
Judgement Date : 16 March, 2023

Allahabad High Court

Kulbhushan vs Birbal And Another on 16 March, 2023

Bench: Kaushal Jayendra Thaker




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1145 of 2000
 

 
Appellant :- Kulbhushan
 
Respondent :- Birbal And Another
 
Counsel for Appellant :- R.K.Pandey
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

By way of this appeal, the appellant has challenged the judgment and order dated 29.6.2000 passed by Workmen's Compensation Commissioner / Assistant Labour Commissioner, U.P., Bulandshahar in Case No. WCA 33 of 1999 awarding a sum of Rs.15,000/- as penalty to the appellant.

On a simple question being asked as to when the sole appellant has died. Learned counsel for the appellant nows ignorance, even if it is not mentioned when the appellant, who is the owner of the vehicle died.

Even if the legal heirs are brought on record, it is now a settled legal position of law that penalty has to be paid by the owner and not the Insurance Company.

In view of above, the appeal fails and is accordingly, dismissed.

Order Date :- 16.3.2023

P.S.Parihar