NEW INDIA ASSURANCE CO LTD Vs. BINDRESH

JUDGEMENT

(1.) ISSUES involved herein are whether master and servant relationship exists between the employer and employee, whether vehicle has been used for the agricultural purposes or commercial purposes and whether the amount of compensation can be awarded more than the claim amount by the Workmen Compensation Commissioner. Issue notice upon the respondents by registered post with acknowledgement due within a period of fortnight from this date returnable six weeks hence. Since the entire awarded amount of Rs. 4,07,700/- has already been deposited by the appellant/insurance company, as per the certificate of deposit annexed with the appeal, therefore, the appeal will be heard and the stay of the order impugned dated 6th April, 2009 passed by the Workmen Compensation Commissioner/Deputy Labour Commissioner, Ghaziabad in Case No. 57 of 2008 will be operative. However, till further order/s to be passed by this Court, the same will be kept in a short term Fixed Deposit of a nationalised bank and will be renewed time to time, and nothing will be released without leave of the Court. Translated copy of the judgement and order, if not filed, be filed on the next date of hearing.