LAWS(DLH)-2011-7-137

DELHI TRANSPORT CORPORATION Vs. SANTRA DEVI

Decided On July 19, 2011
DELHI TRANSPORT CORPORATION Appellant
V/S
SANTRA DEVI Respondents

JUDGEMENT

(1.) THE challenge in this petition is to the order dated 24 th July, 2008 of the Commissioner under the Workmens Compensation Act, 1923. THE order records, that there is no dispute about the employment death of late Sh. Om Prakash (i.e. the husband of the respondent No.1) employed as a Fitter with the petitioner DTC and computes the compensation under the Act at '72,288/- and directs payments thereof together with interest @12% per annum with effect from the date of filing of the claim i.e. 31 st August, 2006.

(2.) THE challenge by the petitioner to the said order is only on the ground that the responsibility for payment of the said compensation was of the respondent No.2 M/s Life Insurance Corporation of India (LIC) and not of the petitioner. On the said plea of the petitioner, notice of the petition was issued and the operation of the order stayed.

(3.) ON the last date of hearing i.e. 8th April, 2011, the argument of the counsel for the respondent No.1 of the petition being not maintainable owing to the availability of alternative remedy of appeal was noted and the matter is listed today for arguments on the aspect of maintainability.