Oriental Insurance Co. Ltd. v. Arjun And ORS.

FAO No.6468 of 2012 (O&M) - 1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.6468 of 2012 (O&M) Date of Decision: April 9, 2015 Oriental Insurance Co. Ltd.

.... Appellant vs.

Arjun and others .... Respondents

CORAM:

HON'BLE MR. JUSTICE KULDIP SINGH

Present:

Mr.Aditya Kochar, Advocate for Mr.Ashwani Talwar, Advocate for the appellant.

Mr.Ashok Kumar Sharma, Advocate for respondents No.1 to 3.

1. Whether Reporters of Local Newspapers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? Kuldip Singh J.(Oral) The Insurance Company has filed an appeal against order dated 08.10.2012 passed by the Commissioner, under Employee's Compensation Act, Jind, vide which the compensation of Rs.7,40,592/- was granted to the respondents-claimants.

The only contention of learned counsel for the Insurance Company is that earlier the respondents/claimants had filed the claim petition under the Motor Vehicles Act but the same was withdrawn without obtaining any permission to file another petition under the Employees Compensation Act. Therefore, the claim petition filed before the Commissioner under the Employee's Compensation Act is not maintainable.

I am of the view that no permission was required, if an

FAO No.6468 of 2012 (O&M) - 2alternative remedy was available under the law and no approval of the Court was required.

No other argument is addressed.

Dismissed.

(KULDIP SINGH) April 9, 2015 JUDGE hemlata