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S K Kochhar (advocate)     12 January 2009

workmen's compensation act

The driver of the truck which  was insured died in a road accident the Workman compensation commissioner awarded compensation to the legal heirs of the driver and directed the insurance company to pay the awarded amount, the issuance company paid awarded , to the legal players but also challenged the award before the high court. the writ petition is still pending for last fifteen years .

the insurance company has also filed the execution application before the commissioner seeking directions for the owners of the truck to reimburse the compensation , to the insurance company.

whether this execution application is maintainable and whether any friend can suggest a relevant judgment on the topic.



Learning

 2 Replies

Mr. Gaurav Pandya (Advocacy )     13 January 2009

It is our humbly duty to request to the High court about so long time.


You can contact me.


advocate_pandya@hotmail.com

Vikas Kr. Sinha (Labour Lawyer Ranchi Jharkhand)     26 January 2009

Hi,
First of all I would like to express my view regarding the reply of Mr. Pandya. It is a platform for all advocate, litigants, students and general people to share their knowledge & information. So, what ever we suggests or asks te question are viewed by many people. Therefore, we should always try to answer the questions asked.
I am sorry Mr. Pandya, it was my view.


Now the answer to the above question according to me.

Since the case is still pending before the High Court, the insurance company cannot file such application before the commissioner, workmen compensation. If at all they have already filed such application then you can take the plea of pendency of the case before High Court and OR you can also file an Interlocutory Application in the case pending before the High Court.

Thanks

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