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AO/500/2016
2023 Latest Caselaw 2401 UK

Citation : 2023 Latest Caselaw 2401 UK
Judgement Date : 22 August, 2023

Uttarakhand High Court
AO/500/2016 on 22 August, 2023
                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                   COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  AO No.500 of 2016
                                  Hon'ble Vivek Bharti Sharma, J.

Mr. Pankaj Miglani, Advocate appearing for the appellant.

2. Mr. V.K. Kohli, Senior Advocate assisted by Mr. I.P. Kohli, Advocate for respondent no.1.

3. Mr. Pankaj Miglani, Advocate appearing for the appellant would submit that he has received instructions to appear on behalf of the appellant in this appeal also and will file his Vakalatnama in the Registry during the course of day.

4. Learned counsel for the appellant and the respondent no.1 would admit at Bar that the present appeals would decide the rights of the present appellant/employer and the Insurance Company/respondent no.1 as the appeals are preferred on the ground that whether the appellant/Company being insured by respondent no.1/Insurance Company is liable to pay the compensation as ordered by Employees Workmen Compensation by the impugned order.

5. Learned counsel for the appellant as well as respondent no.1 would admit at Bar that the outcome of the appeal is not going to affect the rights of other respondents/claimants, therefore, the appeal can be heard without effecting service to the other respondents/claimants.

6. In view of the above, the appeal is admitted on the following substantial question of law:-

"Whether the appellant being insured by the respondent no.1/Insurance Company is not liable to pay the compensation as passed by the Employees Compensation Commissioner in the impugned judgment/order and it is the contractual liability of the respondent no.1/Insurance Company to indemnify the Award."

7. List on 21.11.2023.

(Vivek Bharti Sharma, J.) 22.08.2023 BS

 
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