NEW INDIA ASSURANCE COMPANY LIMITED Vs. MOHD. ASLAM

JUDGEMENT

(1.) This Appeal under Sec. 30 of the Employees' Compensation Act, 1923,['The Act of 1923' for short ] is directed against the Judgment and Award of the Employees' Compensation Commissioner, Moradabad (then called the 'Workmen's Compensation Commissioner'), dtd. 2/2/2008, awarding Compensation to the Claimants for the death of their son, in the sum of Rs.4,33,820.00 and other incidental reliefs.

(2.) This Appeal was entertained by a Division Bench of this Court on 21/4/2008, though not formally admitted to hearing. The question that would tentatively be involved was also indicated in the order of the day, though not formulated as such. The Appeal was later on admitted to hearing vide Order, dtd. 9/12/2019, albeit without framing the question/questions involved.

(3.) On 24/2/2022, when the Appeal came up, the following Substantial Question of Law was framed: Whether a Commissioner, seized of a claim in relation to an accident that has taken place in an area other than one over which he has jurisdiction, is entitled to try and determine the claim, without issuing notice to the Commissioner having jurisdiction and the State Government concerned in terms of the Proviso to Sec. 21(1) of the Employee's Compensation Act, 1923 ?