LAWS(PAT)-2011-2-121

NATIONAL INSURANCE COMPANY LTD Vs. JAGDISH PASWAN

Decided On February 28, 2011
NATIONAL INSURANCE COMPANY LTD Appellant
V/S
JAGDISH PASWAN Respondents

JUDGEMENT

(1.) THE appellant is aggrieved with the order dated 14.5.2004 passed by Deputy Labour Commissioner-cum-Commissioner under Workmen's Compensation Act, in W.C. Case No.5/2000 and directed the appellant to pay a sum of Rs. 2,16,910/-within 30 days of the date of the order to the heirs of the deceased.

(2.) THE learned counsel for the appellant contends that under the circumstances when the suit was contested before the Deputy Labour Commissioner for compensation he should not have decided the matter and same could be only adjudicated by the Labour Court headed by the Presiding Officer of the Labour Court-cum- Commissioner of compensation. The appellant, however, submits that during the pendency of this appeal the compensation amount has already been paid to the heirs of the deceased in all fairness and the matter may only be remanded to the Labour Court for enabling the appellant to recover the said amount from the owner of the vehicle.