United India Insurance Company ... vs Shri Ali Bux And Others
2023 Latest Caselaw 13889 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- FIRST APPEAL FROM ORDER No. - 312 of 2005
 

 
Appellant :- United India Insurance Company Ltd.
 
Respondent :- Shri Ali Bux And Others
 
Counsel for Appellant :- Sushil Kumar Mehrotra
 
Counsel for Respondent :- Anil Kumar Srivastava
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

1. This appeal at the behest of the Insurance Company challenging the judgment and order dated 8.12.2004 passed by Workmen's Compensation Commissioner/ Assistant Labour Commissioner, Allahabad in W.C.A. Case No. 53 of 2022 (Shri Ali Bux and others Vs. Shri Ishrar Ahmad and another) (hereinafter referred to as 'Commissioner'). The Commissioner awarded a sum of Rs.2,95,590/- for the death of Ashik Ali son of the claimant 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. 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, 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 499.

3. In view of the above, the appeal is devoid of merits and is dismissed.

4. Interim relief, if any, stands vacated forthwith. The amount deposited with the Commissioner be immediately disbursed to the claimants.

Order Date :- 2.5.2023

P.S.Parihar