Uttarakhand High Court
AO/153/2025 on 30 October, 2025
Office Notes,
reports, orders or
proceedings or
No. Date COURT'S OR JUDGES'S ORDERS
directions and
Registrar's order
with Signatures
AO No. 153 of 2025
Hon'ble Alok Mahra, J.
Mr. D.C.S. Rawat, learned counsel for
the appellant.
2. Mr. Vinod Joshi, learned counsel, holding
brief of Ms. Neetu Singh, learned counsel for
respondent nos. 1 to 4.
3. Mr. Rahul Adhikari, learned counsel for
respondent no. 6.
4. Mr. Mohd. Umar, learned counsel for
respondent no. 7.
5. This Appeal from order has been filed by
the appellant challenging the judgment and
award dated 25.02.2025 passed by learned
Employees Compensation Commissioner,
Haldwani, District Nainital in ECA/Misc. Claim
Case No. 12 of 2020, Smt. Deepa Devi and
Others Vs. Deepak Kumar Singh and Others.
6. The brief facts of the case are as
follows:-
That Employees Compensation
Commissioner, Haldwani, District Nainital
vide its judgment and award dated
25.02.2025 allowed the claim petition.
Thereafter, appellant - Insurance Company
deposit the entire awarded amount with
interest before the Employees
Compensation Commissioner concerned on
06.05.2025. Feeling aggrieved, the present
appeal from order has been filed.
7. The main contention of learned counsel
for the appellant is that the Commissioner
does not frame the issue that as to whether
learned Commissioner can pass the award
against the Insurance Company to pay the
compensation when there is no premium paid
to cover the driver of the vehicle; that,
whether in absence of premium paid by the
owner of the vehicle to cover the driver of
vehicle, Insurance Company is liable to pay
the amount of compensation due to the death
of driver.
8. Learned counsel for the appellant has
further drawn the attention of this Court to
the written statement made before the
Commissioner, whereby, specific plea was
made that Insurance Company was to pay the
compensation only after the factum of
insurance would be proved.
9. Heard learned counsel for the parties
and perused the record.
10. Perusal of the policy would reveal that
no premium was paid for insurance of the
owner and driver. Since, the issue was not
framed in this regard by learned Employees
Compensation Commissioner concerned,
which goes to the root of the matter,
therefore, the impugned judgment and award
is liable to be set-aside.
11. With the above observation, the present
appeal from order is allowed. The impugned
judgment and award dated 25.02.2025
passed by learned Employees Compensation
Commissioner, Haldwani, District Nainital in
ECA/Misc. Claim Case No. 12 of 2020, is set-
aside.
12. The matter is remitted back to the
Employees Compensation Commissioner
concerned to consider and decide the claim
petition of the claimant afresh, in accordance
with law and in an expeditious manner, after
giving the liberty to all the party concerned.
Learned Commissioner concerned to frame
specific issue in this regard as to whether the
owner and driver of the vehicle were insured
as per the insurance policy.
(Alok Mahra J.)
30.10.2025
Ujjwal
