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| HC dismisses appeal against award under Workmen’s Compensation act | | | Early Times Report
Jammu, Sept 24- Dismissing the appeal filed by New India Insurance Company against the award of Rs 3.26 lakhs along with interest at the rate of 7% PA passed by Commissioner under the Workmen’s Compensation Act, Justice J P Singh of Jammu and Kashmir High Court observed that the appellant cannot avoid its liability to satisfy the respondents’ claim.
After hearing Advocate RK Gupta appearing for the appellants, Advocates SC Gupta, Sachin Sharma and Ajay Abrol appearing for the respondents and after going through various judgments, Justice Singh observed that apart there being no dispute between the parties to the appeal, that SICOP being registered owner of vehicle insured with the appellant’s Insurance Company had been controlling the operation of the goods carrier attached with the SICOP for its use for the carriage of its material to various destinations, the respondents claim against the SICOP and the Insurance Company was even otherwise within the jurisdiction of the Commissioner in view of the provisions of section 12 of the Act. Even if one were to consider that there was no relationship of master and servant between the SICOP and deceased workman, the SICOP being the principal employer, would be liable to satisfy the claim arising out of the death of the workman and referred section 12 of the Act and observed that the appellant cannot avoid its liability to satisfy the respondent’s claim. With these observations Court found the appeal to be without any merit and dismissed. JNF
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