Delhi High Court
The New India Assurance Co Ltd vs Rajesh Kumar & Anr on 11 April, 2017
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 11th April, 2017
+ FAO 360/2016 & CM No.27571/2016
THE NEW INDIA ASSURANCE CO LTD ..... Appellant
Through: Mr. Shoumik Mazumdar, Adv.
versus
RAJESH KUMAR & ANR ..... Respondents
Through: Mr. Prabhakar, Adv. for R1.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the order dated 06 th May, 2016
whereby Commissioner, Employees' Compensation awarded
compensation of Rs.10,69,008/- to respondent No.1.
2. Respondent No.1 filed an application for compensation before
the Commissioner, Employees' Compensation on the ground that he
was employed as a driver by respondent No.2 on vehicle No.HR-38-P-
9396 which met with an accident on 15th November, 2014 and resulted
in grievous injuries to respondent No.1. The respondent's right leg
was amputed at below knee level and he suffered permanent disability
of 65%. Respondent No.2 filed written statement in which he admitted
the relationship of employment as well as the accident during the
course of the employment. In view of the admission of respondent
No.2, the Commissioner, Employees' Compensation computed the
compensation in accordance with law.
3. Learned counsel for the appellant urged at the time of hearing
that no issues were framed and no evidence was led by respondent
No.1 to prove his claim. Learned counsel for respondent No.1 submits
that in view of the admission of relationship of employment, the
accident having occurred during the course of the employment as well
as valid insurance policy in respect of the offending vehicle, no
evidence was required to be adduced by respondent No.1.
4. There is no infirmity in the impugned order to award the
compensation to respondent No.1 in view of the admission of the
relationship of employment, the accident having occurred during the
course of the employment as well as valid insurance. There is no merit
in this appeal which is hereby dismissed. The pending application is
disposed of.
5. The Appellant has deposited Rs.13,97,203/- out of which
Rs.6,97,203/- has been released to respondent No.1 and Rs.7,00,000/-
are lying in fixed deposit in FDR with Punjab National Bank, Unnao
Branch.
6. Punjab National Bank, Unnao Branch is directed to pre-
maturely discharge FDR No.163600PU00006124 and transfer the
maturity amount to UCO Bank, Delhi High Court Branch by means of
a cheque drawn in the name of UCO Bank A/c Rajesh Kumar within a
period of four weeks from today. Respondent No.1 shall send the duly
discharged FDR along with the copy of this order to Punjab National
Bank, Unnao Branch by registered AD Post whereupon Punjab
National Bank, Unnao Branch shall transfer the maturity amount of
the FDR to UCO Bank, Delhi High Court Branch (IFCI Code UCBA
0001553).
7. List for disbursement of the aforesaid amount to respondent
No.1 on 22nd May, 2017.
8. Respondent No.1 shall remain present in Court on the next date
of hearing along with the passbook of his savings bank account near
the place of his residence as well as PAN card.
9. Copy of this judgment be given dasti to learned counsels for the
parties under signature of Court Master.
APRIL 11, 2017 J.R. MIDHA, J.
ak
