LAWS(APH)-1997-7-80

ORIENTAL INSURANCE COMPANY LIMITED Vs. WAHEED KHAN

Decided On July 23, 1997
ORIENTAL INSURANCE COMPANY LTD Appellant
V/S
WAHEED KHAN Respondents

JUDGEMENT

(1.) These two appeals raise the same question and hence are disposed of by this common judgment. The parties are referred to as arrayed in the C.M.A.

(2.) The appellant is the Insurance Company who insured respondents covering accidents to their workmen In both the cases the accidents occurred in the Stale of Maharashtra So far as the L.P.A.No.175 of 1994 is concerned, the accident resulted in death of the workman and so far as the C.M.A. is concerned, the accident resulted in injuries to the workman. Cases under the workman's Compensation Act were filed before the Workmen Compensation Commissioner at Ranga Reddy District by the legal representatives of the dead workman and by the workman himself respectively. Their cases being allowed and compensation awarded the appeals were filed. So far as the death case is concerned, C.M.A.No.293 of 1993 was preferred and the appeal having been failed, the present L.P.A. has been preferred. The C.M.A.No.293 of 1993, arising out of the order of the Commissioner in the injury case, has been referred by the learned single Judge to the Division Bench as the question urged in the C.M.A. is the same as arising in the L.P.A.

(3.) The sole question urged by the learned Counsel for the appellant is that the compensation cases were to have been filed before the Workmen Compensation Commissioner at Maharashlra as the accident occurred there and that for the reason, the Commissioner at Hyderabad had no jurisdiction to entertain the applications. Consequently the awards were nullified and cannot be given effect to for which reason those must be set aside.