NEW INDIA ASSURANCE COMPANY LTD Vs. SANJEET

JUDGEMENT

(1.) THE appeal was filed by the Insurance Company against the order passed by the Commissioner under the Workmen s Compensation Act, Panipat (Commissioner for short) on 12.4.2010, awarding a compensation of Rs.6,08,525/ -.

(2.) THE main ground taken in appeal is that despite observing that a claim had already been preferred regarding the same accident before Motor Accident Claims Tribunal, Panipat (Tribunal for short), the claim petition was allowed. It was observed in the impugned order that the claimants had filed an affidavit that they would not receive the amount awarded by the Tribunal and would accept the award of the Commissioner.

(3.) IT may not be out of place to mention here that the Tribunal had not passed any award by the time order was passed by the Commissioner and the proceedings were pending. That award was passed in November 2010 and even after passing of the impugned order, the claim petition before the Tribunal was not withdrawn.