ORIENTAL INSURANCE CO LTD Vs. WORKMENS COMPENSATION

JUDGEMENT

(1.) Heard Sri Amaresh Sinha, learned Counsel for the Petitioner and Sri Siddharth holding brief of Sri Alok Sharma appearing for Respondent No. 2 as well as Sri S.S. Nigam, learned Counsel for Respondents No. 3 and 4.

(2.) By this petition, the Petitioner has sought relief for quashing the orders dated 20.12.2003 and 20.1.2004 passed by Workmen's Compensation Commissioner, Meerut in W.C Case No. 14 of 1998, contained in Annexures No. 10 and 12 respectively to this petition. A further relief in the nature of mandamus directing the Respondents not to recover the amount from the Petitioner on the basis of judgment and order dated 20.12.2003 passed by Workmen's Compensation Commissioner, Meerut is also sought for.

(3.) The aforesaid reliefs are rest on the allegations that Respondent No. 2 filed a claim petition in respect of injuries sustained by him during the course of his employment with the Respondent No. 3 (M/s. Dewan Tyer Ltd.) on 27.11.1996. The Respondent No. 3 (M/s. Dewan Tyres Ltd. Partapur, Meerut) contested the claim by filing written statement. Prior to filing of its written statement an application dated 28.1.1998 was filed by Respondent No. 3 denying the employment of claimant Respondent with it directly and alleged that the claimant might have been engaged by M/s. Gupta & Company, Ganj Bazar, Sadar, Meerut-contractor, as such M/s Gupta &. Company and the insurer of the employees of the Gupta Company/the Petitioner's company may be impleaded as parties in the said claim petition resulting which Gupta and company was impleaded as Respondent No. 2 and Petitioner/Oriental Insurance Company was impleaded as Respondent No. 3 in the said claim petition. It is stated that the Workmen's Commissioner without service of summons upon the Petitioner's company allowed the claim petition vide his ex-parte judgment and order dated 8.5.2001 against the Petitioner and awarded a sum of Rs. 1,06,267.60 p. as compensation to the workman alongwith 12% simple annual interest thereon from the date of accident to the date of such payment payable by the Petitioner Feeling aggrieved against the said judgment and order dated 8.5.2001 the Petitioner moved an application on 25.6.2001 for recall of the said order, thereupon the Workmen's Compensation Commissioner, Meerut vide his judgment and order dated 3.5.2002 recalled the judgment and order dated 8.5.2001 and held that the Petitioner's company shall be liable to pay only 60% of awarded amount of compensation alongwith 12% simple annual interest thereon and remaining 40% of awarded amount of compensation with 12% simple annual interest thereon shall be paid by Gupta and company-Respondent No. 2 of the claim petition (Respondent No. 4 of the writ petition). It is also stated that Petitioner has paid aforesaid 60% compensation along with interest thereon to the workman.