Hon'Ble Alok Kumar Verma vs Issue Notice To The
2022 Latest Caselaw 3231 UK

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      29.09.2022                     AO No.341 of 2022
                                     Hon'ble Alok Kumar Verma, J.

This is an insurer's Appeal against the judgment and order dated 22.08.2022, passed by the learned Commissioner for Employee's Compensation and Presiding Officer, Labour Court, Haldwani, District Nainital in E.C.A. No.12 of 2015, "Smt. Manju Devi and Others vs. Bhuwan Chand Joshi and Another", by which, the learned Commissioner has awarded a total sum of Rs.6,30,717.57/- as compensation along with an interest at the rate of 12% per annum from the date of accident till its actual payment.

Heard Mr. V.K. Kohli, learned Senior Advocate assisted by Mr. Kanti Ram, learned counsel for the appellant.

The present appeal is admitted on the following substantial questions of law:-

(i)Whether the principle to pay and recover is applicable in an Award, passed under the Employee's Compensation Act, 1923?

(ii) Whether the Doctrine of notional extension of the employment is applicable in the present matter?

Issue notice to the respondents. Steps to be taken within a week.

The learned Senior Advocate submitted that the said awarded amount has been deposited with the Commissioner for Employees' Compensation and Presiding Officer, Labour Court, Haldwani, District Nainital.

List this case on 15.12.2022.

In the facts and circumstances of this case, the effect and operation of the impugned judgment and order dated 22.08.2022 are stayed till the next date of listing.

(Alok Kumar Verma, J.) 29.09.2022 Pant/