Court No. - 4
Case :- FIRST APPEAL FROM ORDER No. - 1546 of 2013 Appellant :- The New India Assurance Co. Ltd. Respondent :- Smt. Parvesh And 11 Others Counsel for Appellant :- Vinay Khare Counsel for Respondent :- V.K.Mishra,Diptiman Singh,Pankaj Sharma,Videsh Kumar,Vishwas Sharma,Zafar Abbas
Hon'ble Bala Krishna Narayana,J. Hon'ble Irshad Ali,J.
Heard learned counsel for the parties.
This first appeal from order has been preferred by the appellant- The New India Assurance Co. Ltd. against the judgment and award dated 30.03.2013 passed by Commissioner, Workmen Compensation Act, 1923 and Assistant Labour Commissioner, U.P., Allahabad, District Moradabad in W.C.A. No. 118 of 2010 filed by the claimants-respondents against the appellant- insurance company and the opposite party nos. 2 and 3 in which a sum of Rs.8,71,458/- was awarded by the Commissioner as compensation to be paid by the appellant-insurance company to the claimants-respondents with a right to the appellant- insurance company to recover the amount of compensation from respondent no.2.
The grounds on which the appellant has challenged the impugned judgment and award is that the deceased Vipin Kumar was electric welder under the employment of Uttam Sugar Mill Limited and was not under the contract employment of Gangotri Security Agency and under the provisions of Employee's Compensation Act, 1923, it is the statutory liability of the employer to pay compensation in case of death or injury to their employees sustained during the course of employment and hence the claim petition was liable to be dismissed.
Per Contra, learned counsel appearing for the claimant- respondents submitted although the finding recorded by the Commissioner that the opposite party no.2 Gangotri Security Agency is liable to pay compensation to the deceased who was insured with the appellant-insurance company does not suffer from any illegality, nevertheless even if it is assumed for the sake of arguments that the aforesaid finding recorded by the Commissioner is erroneous, the Commissioner having given the right to the appellant-insurance company to recover the amount of compensation paid by it to the claimants-respondents from the opposite party no.2, no case for interference with the impugned judgment and award is made out.
After having heard the learned counsel for the parties present and perused the impugned judgment and award, we find that since the Commissioner while fastening the liability to pay the awarded amount of compensation to the claimants-respondents on the appellant-insurance company has given it a right to recover the amount of compensation paid by it to the claimants- respondents from the respondent no.2, who have not filed any appeal against the impugned judgment and award, we do not find any reason to interfere with the impugned judgment and award.
The appeal lacks merit and is accordingly dismissed. Interim order, if any, stands discharged.
Order Date :- 22.2.2018 Madhurima